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1 




Islamic Solutions 

to the Muslims' Ideological and 
Social Problems in non-Muslim 
Countries. 

A broad survey of the ideological and social problems 
the Muslims of the non-Muslim countries are generally 
faced with, offering solutions to them in the light of the 
Shariat of Islam and its juristic interpretation- the 
Islamic Fiqh. 

By 

Ml. Mufti Akhtar Imam Adil Qasmi 
Rector Jamia Rabbani Manorwa Sharif 

Translated from the Urdu 
By 

Md. Ibrahim Khan 

MA (English) PGDTE (CIEFL, HYD.) 


Published By 

Research & Publication Center 

Jamia Rabbani, Manorwa Sharif P.o. Sohma Via 
Bithan Distt: Samastipur, Bihar,India 848207 
Email:jamia.rabbani@gmail.com 
www.iamiarabbani.org 


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© All Rights Reserved in favor of 

Research & Publication Center 

Jamia Rabbani Manorwa Sharif (Bihar) 

Name of Urdu title: 

Ghair Muslim Mulkon Mein Aabaad Musalmano Ke Masail 
Aur Un Ka Sharai Hal 

Author 

M.M. Akhtar Imam Adil 
Name of English title: 

Islamic solutions to the Muslims' ideological and social problems in 
non-Muslim countries 

Name of the translator: 

Md. Ibrahim Khan (Naglasahu, Meerut) 

(M.A PGDTE) 

Pages: xxi+250=271 
Year of publication: 2011 
Price: 

Published by: 

Research & Publication Center 


Research & Publication Center 

Jamia Rabbani Manorwa Sharif, Post Sohma, Via Bithan, Dist 
Samastipur (Bihar)- 848207 

Composed by: 

Abdullah Sham 

Khadra near Madey Ganj Police Post Lucknow 226020 
+919839322566 


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Dedication 

To Islam's those valorous sons who have 
been spoken of by the late Md. Iqbal, the 
poet of Islam, in his following verse: 

We did not spare even the deep waters , 
let alone the deserts and the plains, 

So much so that our horses rushed into 
the Atlantic Ocean. 

AND 

To the Darul Uloom Deoband, which is still 
carrying forward our Pious Predecessors' such 
lively traditions. 


Akhtar Imam Adil Qasmi 


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Table of Contents 

Page No. 

! 1 

Present Book as Evaluated by 
Maulana Mufti Zafirul-Din Miftahi, 
Mufti at Darul Uloom Deoband, 
India 

10 

! 2 

Prefatory Note to the First Urdu 
Edition 

14 

3 

Translator's Foreword 

18 

1 4 

About the Author 

0 

5 

Prologue 

22 

6 

Prefatory Exposition 
Three Periods of the Prophet's Age 

24 

! 7 

Islamic Juristic Assets 

27 

! 8 

A Substantial Difference 

28 

! 9 

The Core Subject of Fiqhul-Aqaliyat 

29 

10 

CHAPTER FIRST 
Living in non-Muslim Countries: 
the Position of Islamic Shariah 

30 

i ii 

Two Basic Aspects of the Problem 

31 


Classification of the non-Muslim 
Countries 

ib. 

12 

Arguments in favour of 

Impermissibility 

36 

13 

Second Argument 

38 


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! 14 

A Rational Argument 

40 

15 

Arguments of Those Holding the 
View of Permissibility 

42 

16 

Staying in non-Muslim Countries: 

the Commoner Motives 

48 

17 

Seeking Political Asylum 

48 

s 18 

Migrating to a non-Muslim Country 
with the Intention to harm Muslims 

50 

19 

Seeking an Abode for Temporary 
stay in a non-Muslim Country with 
Business or Work Purposes 

51 

20 

Temporary stay in the capacity 
as student 

54 

! 21 

Journey and Stay in a non-Muslim 
Country for the Propagation of 

Islam 

56 

22 

Journeying to non-Muslim 

Countries under Medical Purpose 

57 

j 23 

Recreation and Entertainment 

Journey 

57 

24 

CHAPTER TWO 
Taking the Citizenship of a non- 
Muslim Country 

60 

25 

Determining the Sense and Meaning 
of Citizenship 

60 

26 

Two differing viewpoints 

63 

27 

Arguments to Support the View of 
Impermissibility 

65 

28 

Arguments of the Permitters 

70 

29 

Some Juridical Principles 

72 

30 

The Preferred Standpoint 

77 


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; 3i 

CHAPTER THREE 
Democratic Electoral Process: the 
Position of Shariat 

86 

32 

Soliciting for a Public Office 

86 

1 33 

Coming forward to Protect 
Collective Interests 

88 

34 

Example from the Prophet Yusuf 

89 

35 

Prophet Sulaiman's Example 

91 

36 

How to Oppose the un-Islamic Laws 
Passed by a Secular, Democratic 
Parliament? 

95 

37 

Accepting Public Offices under the 
non-Muslim Leadership 

96 

38 

Some Useful Juristic Principles to 
Solve this Problem 

100 

| 39 

Second Juristic Principle 

102 

40 

Third Juristic Principle 

103 

' 41 

Contemporary Standpoint 

107 

| 42 

CHAPTER FOUR 

Taking Part in Election as Voters: 

The Shariat Position 

109 

j 43 

Electoral Candidate: the Standard to 
be Observed 

116 

| 44 

CHAPTER FIVE 
Islamic Principles of forming 
political Alignment with Political 
Parties 

123 

| 45 

Examples of political alliances with 
non-Muslim during the age of Holy 
aJc. M ^UaProphet 

125 

i 46 

The Madina pact 

125 

47 

Hilful Fudhul 

127 


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48 

The Renewal of the Khuza'ah Treaty 

129 

49 

Entering into Military Alliances with 
non-Muslims 

130 

! 50 

SECTION 2 

Lending Support to a non-Muslim 
Political Party 

133 

51 

Zubair b. Awwam's visit to the 
Battle-field of the Nugus and the 
Invader 

134 

52 

Correct Nature of Argumentation 
with the Ethiopian Event 

136 

53 

Combat Between Romans and 
Persians and the Muslims' Reaction 
to it 

141 

! 54 

An Inference from the Expedition of 
Trenches 

143 

55 

yJc-The Example of Prophet Yusuf 

147 

56 

CHAPTER SIX 
Muslims and non-Muslims and their 
Inter-relationships 

149 

57 

Cultural Intermingling with non- 
Muslims is opposed to the Nature of 
Islam 

149 

58 

SECTION 1 

What about Muslims' Living in 
Mixed Habitations? 

159 

59 

SECTION 2 

Social Relationships with non- 
Muslims 

163 

60 

Muslim Butchers's Offering Their 
Services on un-Islamic Festivals 

167 


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! 61 

Sharing pain and pleasure of non- 
Muslim 

169 

62 

Taking Part in the Funeral Rites of 
non-Muslims 

171 

62 

Exchange of Gifts between 
Muslims and non-Muslims 

176 

64 

Gifts from non—Muslims 

Having a Paganistic Background 

180 

65 

Giving Presents to non-Muslims on 
Occasions of their Festivities 

184 

66 

Sharing with non-Muslims Their 
Religious Festive Occasions 

185 

67 

Non-Muslims Participating in the 
Islamic Festivities 

189 

| 68 

SECTION 3 

Designing the non-Muslim Places of 
Worship and Offering 

Constructional Assistance 

191 

69 

Accepting from and Giving 
Financial Contribution to non- 
Muslims 

191 

70 

CHAPTER SEVEN 
Giving Salute to National Flag 

194 

71 

About the wande mataram and 
Similar Other Patriotic Poems 

202 

72 

SECTION 1 

Arbitration of non-Muslim Judicial 
Mechanism on the Muslims' Mutual 
Disputes 

205 

73 

CHAPTER EIGHT 
Cultural Unification: A Concept 
totally Intolerable to Islam 

209 

74 

Islam Stands for a Total Submission 

211 


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75 CHAPTER TEN 214 
What Role the Muslims Should Play 
vis-a-vis the Class Struggle Between 

the Non-Muslims? 

76 SECTION 219 

Helping the non-Muslims in 

Emergencies 

77 Epilogue 223 

78 A word of advice to the Muslims 230 

living in non-Muslim countries 
Md. Ibrahim Khan 

79 Bibliography and References 243 


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Present Book as Evaluated by Maulana 
Mufti Zafirul-Din Miftahi, Mufti at Darul 
Uloom Deoband, India 

^ilaual iSip ^luij XaaJl 

In non-Muslim countries where the 
Muslims form part of their populations, whether as 
their native citizens or expatriates, they often 
encounter the problems and issues which come into 
conflict with the concepts and teachings of Islam, 
the religion the Muslims profess. In such countries 
they are often without options other than coming 
across and passing through them. Under such 
situations the Muslims living in such countries find 
themselves in a state too much critical from the 
religious viewpoint. It was an urgent need of such 
Muslims in general that the men of Islamic learning 
discuss such issues in the light of the Islamic Shariat 
and within the ambit of the principles and the 
broader framework of the Islamic jurisprudence 
enlighten those Muslims in particular with the 
guidance and solutions that the Final Religion of 

Allah offers. 

It is gratifying to know that a learned, 
youthful man of Islamic learning, brother Maulana 
Mufti Akhtar Imam Adil Qasmi, undertook the task 
and prepared a short volume wherein he discussed 
the most common issues of the type in the light of 
the Qur'an, Sunnah, and the Islamic history in a 
comprehensive manner, and to the best of my 
assessment, has disentangled the religious and 


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social entanglements the Muslims in those countries, 
more or less, are commonly faced with. May Allah 
reward him best for this timely religious service he 

has rendered. 

The book opens with that with respect to 
's jduij cyl^thc political position the Prophet 

blessed age might easily be divided into three 
periods. The Makkan period, where the reins of 
power lay in the hands of the pagan Quraish and the 
Muslims, devoid of all types of power, had to live in 
Makkah under the established political supremacy of 
the pagan Quraish. During this period the converts 
to Islam were subjected to all possible sorts of 
religious persecution, suffered trials and tribulations 
t^kaand bore untold hardships. Even the Prophet 
, who amongst the Quraish was held in high 
veneration due to his high morality, unmatched 
moral integrity, incomparable henesty and 
truthfulness which had moved the Makkan pagans 
to the extent that they had termed him the Truthful 
and Trustworthy, was often hindered from 
worshipping Allah according to his belief in Tauheed 
and monotheism. The smaller Muslim community 
was a constant subject to crude methods of 
persecution and oppression. Oppressed and 
persecuted, the Muslims had to leave their 
hometown, Makkah, and seek asylum in Abyssinia, 
then under a good-natured, just Christian ruler. The 
pagan Makkans chased after the muhajirs even into 
Abyssinia and left no stone unturned in harming 
had to leave <_^them there. The Prophet 

his hometown Makkah and under the direct 


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command of Allah Ta'ala moved to Madinah, then 
called Yathrib . Thus, since the advent of the Prophet 
till the Great Migration took place 
lasted the Makkan period. As to Abyssinian phase, it 
is in fact an offshoot of the Makkan period. 
Henceforward began the Madinan period, where the 
sapling of Islam rooted itself deep. The enemy even 
and his cohere did not left the Prophet 

handful followers do their job of calling the human 
beings to Islam and Allah unhindered. They not just 
threatened them but fought them constantly. During 
and fVj 4^ cj^the span of ten years the Prophet 
the Muslims had to fight seventy four wars against 
the united front of the infidels—the Jews, the 
Polytheists and the Hypocrites. 
While speaking of the Madinan period, the 
learned author writes that in Madina the local 
AjIc. M (^-aconditions prompted the Holy Prophet 
to forge defense alliances with the Jews, in spite fVj 
of his full knowledge that they bore extreme enmity 
towards Islam and the Messenger of Allah. Then he 
cites a few articles of the accord reached at by the 
parties. Taking short notice of what the Muslims 
faced during all the three periods of the Holy 
's blessed age, the learned *>)! c^Prophet 

author discusses, in fair detail, the religious 
problems the Muslims in the democratic countries 
where they live millions and billions forming the 
second or third largest minority of the country. The 
discussion primarily revolves round the problems 
such as the democratic procedure of the election, 
formulating the governments to run the country. 


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and the permissible and Shariat endorsed ways and 
potentialities for Muslims for taking part in the 
process and then in the constitution of the 
government itself. The discussion is based on the 
Qur'an and Sunnah and the Islamic jurisprudence. 
Furthermore, the treatment of the problems is 
interesting and satisfyingly argued. 

In short, the book is of immense benefit 
both for the general and learned Muslim and non- 
Muslim readership. In order to know the art of 
leading a successful life in non-Muslim countries 
according to the norms of the Shariat the Muslims 
are better advised to benefit from the books like the 
one in hand. We pray Allah that He may turn it a 
provision of the Hereafter for the author and grant 
him the position of a trustable guide for the Muslim 

community. 

jjauJI Cul dll lia <JjSj LLj 

Md. Zafirud Din Miftahi 
Darul Uloom Deoband 
Shaban 27,1424 A.H 


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Prefatory Note to the First Urdu Edition 
Apart from the millions of Muslims who 
natally belong to the countries of the non-Muslim 
majority, thousands of Muslims, under different 
reasons, have moved out from their natal Muslim 
countries and have taken the nationalities of 
different non-Muslim countries across the world, 
where they are living almost in full peace and 
satisfaction and have no intention to return back to 
their homelands and the countries of their birth. 
Quite naturally, the non-Muslim countries are 
governed by the systems of polity, government, the 
systems of law and the social traditions that come 
into conflict with the principles and norms of the 
Islamic Shariat. This situation has engendered a 
number of religious issues arising out from the 
religious ideological difficulties. These problems call 
for the Muslim Ulama to deliberate on such 
problems and arrive at conclusions in perfect accord 
with the spirit and temperament of the Islamic 
Shariat, its framework of principles and norms. 

In response to the same religious 
requirement of the billions of the Muslims living in 
non-Muslim countries across the globe, these 
problems have been under consideration of the men 
of profound Islamic learning and scholarship for 
decades. This arduous consideration has given birth 
to a huge amount of literature on the jurisprudence 
of Minorities (Fiqhul Aqalliyat). 

May Allah Subhanahu wa ta'ala reward the 
authorities of Islamic Ficjh Academy of India for 
their sincere endeavors to this effect. The Academy 


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circulated a questionnaire on a number of such 
issues to select ulama in and outside India, thereby 
inviting their attention to ponder over such 
problems in the light of the Shariat. May Allah make 
the collective consideration of such issues by the 
ulama result in a better approach towards such 
issues which may fetch good for the Ummah . 

Having such problems already in mind, I 
have long been cherishing the idea to ponder over 
such problems even prior to the receipt of the 
Academy's questionnaire. The questionnaire, 
however, spurred me on to pondering over the 
issues and problems it contained. Then I listed such 
issues and started jotting down the results of my 
study. Although my teaching and administrative 
business and long trips, sometimes spreading over 
months, intermittently distracted my concentration, 
yet I managed to continue my study. My overseas 
trips too helped me in discovering even more 
aspects of those problems. This way I was able to 
write down the results of my study in the form of a 
paper. Then its excrepts got published in some 
monthlies and leading journals. The men of Islamic 
learning expressed their admiration. Some of my 
close friends insisted should the paper per se gets 
published, it would be better. 

Today the same yield of my study is in 
your hands. What I would like to put here is that 
this paper neither is a fatwa nor a final research. This 
is no more than the finding of a learner and the gist 
of his strenuous thinking and study offered to the 
men of great learning and scholarship in the hope 


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that they will read it critically and assess it 
accordingly and then intimate the author with their 
useful views and comments, thereby enabling him 
to effect improvements into the structure of the 
book. This way it may legitimately be hoped that a 
usefully better thing shall come before the ummat . 

In sha Allah. 

In the completion of this humble work I 
owe great debt to many who assisted me. Special 
mention, however, has to be made here of Mr. 
Abdul-Rabb Karimi of the Universal Peace 
Foundation, Delhi, Ml. Md. Sa'adullah Qasmi and 
Ml. Mahboob Ahmad Farogh Qasmi. It is their 
labour and sincerity which paved the way for the 
printing and publishing of it. May Allah reward 

them best. 

I must seize the present opportunity for 
offering my heartiest and solicitous thanks to Ml. 
Mufti Md. Zafiruddin Miftahi (Darul Uloom 
Deoband), whose companionship unleashed my 
potentials and oriented them to study and write on 
the topics related to the Islamic jurisprudence. To 
the Maulana I must record my profound sense of 
gratitude once again. He kindly looked at the final 
draft of the book and favored it with his evaluative 
note and encouraged me by writing his opinion 
about this humble paper. 

The management of the Jamia Rabbani 
also deserves my thanks. It is the Jamia which took 
up the responsibility of publishing the book on such 
new issues of the Islamic community, the dearth of 
means and acute resourcelessness of the required 


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funds notwithstanding. May Allah bless them all 
and accept them for the service of His religion, 
Islam. 

Akhtar Imam Adil Qasmi 
Jamia Rabbani, Manorwa Sharif, 

7 th Dil-Haj 1424 A.H 


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Translator's Foreword 

Much as the book in hand is sufficiently self- 
introduced, and Maulana Mufti Zafiru Din Miftahi's 
introduction-cum-assessment, and, above all, the learned 
author's Prefatory Note introduces it well, leaving hardly 
any need for a further introduction and evaluation, still, I 
the translator of the book and a conscientious student of 
the Islamics, feel myself compelled to record my opinion 
and impressions of the book in a few words. Other 
reasons apart, I, as translator, had a fullest opportunity to 
go through the book more times than one, and have 
stayed with each and every word and sentence of it for a 
while, for it is a pre-requisite for a successful activity of 
translation from one language to another. So, before 
embarking on the study of the book, let it be known to the 
reader that this is a work on the Islamic jurisprudence 
which deals with a special branch of it, that is, Fiqhul- 
Aqamiyat (Jurisprudence for the Muslim Minorities). As 
being the case with almost all the areas of the Islamic 
jurisprudence, the Fiqual Aqalliyat, too, is too vast. With 
the emergence and rise of nationalism, socialism, and 
many other Godless isms which have disunited the 
Children of Adam into countless groups and classes, and 
are factually responsible for the plight and wretchedness 
humanity has long been suffering, the Fiqhul Aqalliyat 
has assumed quite new dimensions. The changed 
circumstances, according to the natural course of things, 
gave birth to newer and hitherto unexperienced and un¬ 
faced problems and issues which once again invited the 
attention of the Muslim scholars and jurisprudents to find 
out viable solutions to them in the framework of the 
scheme of life Islam has given the Muslims commanding 
them to live this worldly sojourn accordingly. 


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Islam, unlike all other religions and creeds, covers 
all the departments of the Muslims' life; it recognizes no 
difference between different areas of the human life. It 
does not resort to divide the human life into watertight 
compartments of the sacred and secular. To the Islamic 
ideology, the Law of Allah is as much applicable to the 
secular sphere of human life as to its sacred one. So, a 
Muslim is always Muslim, committed to live the life as 
commands him the law of Allah, apart from that which 
country he happens to live in and which piece of land the 
natural scheme of Allah has granted him to be his station 
for his earthly life. 

Islam, precisely speaking, is the only religion of its 
kind. It is the only way of life which embraces most 
decisively all the manifold aspects of human existence- 
the spiritual and material, moral and physical, emotional 
and intellectual, personal and social. It is the conflux of 
this world and the Next, the meeting-point of the body, 
the mind and the spirit, where all the three unite to from a 
single reality, the basis of which is a real, living 
consciousness of Allah, the Supreme Being. Through this 
book the learned author has attempted to make a valuable 
contribution to the overall endeavors being made by 
solicitous Muslim men of Islamic learning towards 
solving the commoner ideological and social problems of 
those Muslims who, under varying reasons and motives, 
are living in different non-Muslim countries. 

Quite obviously, a work of this small magnitude 
can not legitimately claim to be a completely satisfactory 
one leaving no need for any further investigation of the 
problems of the kind and their possible Islamic solutions. 
The book is neither the first nor the last one of its kind. 
Problems will arise and then will follow their solutions. 
What the present work possesses as its distinct feature is 
its direct and meticulous approach in assessing the 


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problems and then to finding out solutions to them in the 
original and direct sources of the Islamic Shariat, the 
author of which applies his own knowledge and juristic 
ability to arrive at conclusions which, as far as I know, 
are nearer to the nature and temperament of the spirit of 
the Shariat. The author has ably done justice to the 
subject-matter of his book. More over, the style and 
expression the author has adopted is clear and direct, free 
from terminological and Fiqhi parlnce, in spite of the fact 
that the core subject of the book is Fiqh and 
jurisprudence. This book in fact is the expression of 
learned author's deep Islamic passion for the preaching of 
Islam and its teachings and the gist of his sustained and 
painstaking study. May Allah reward him best for his 
rendering a very timely service to the benefit of the 
Islamic community to keep it tied to its religious 
moorings. 

It was a stroke of luck that for the English 
translation of the book the author's choice fell upon me. 
He commissioned me to undertake this onerous task. In 
deference to his express command, I decided to undertake 
the translation. Present English rendering is the result of 
my sustained and painstaking efforts spread over a couple 
of weeks. 


The original of the present book is Urdu. The 
Urdu language, as a linguist knows it well, is a language 
of overstatement. This natural feature of it renders it 
more difficult and challenging for its translation into 
English, the language of the understatement. To put it 
differently, the Urdu and the English are diametrically 
different in nature from each other. Therefore, Islamic 
solutions to the Muslim ideological and social problems 
in non-Muslim countries is not a replica of the original 
Urdu. The literal translation would have conveyed no 


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more than the outer shell of the original. Even so, I have 
tried my best to remain as faithfully close to the original 
Urdu text as possible. As a result, the translation is a 
faithful approximation of the source material. 

The translation of the complete Urdu text of the 
source book has been attempted by me alone, and in this 
respect I owe no gratitude to any one else. For the 
comparison of the English material with the original 
Urdu, however, I owe my sense of indebtedness to my 
younger wife, Abida Saed, who despite doing her daily 
task of the domestic responsibilities associated with a 
housewife, unreluctantly helped me in more ways than 
one. 

Mention must be made here of brother Maulana 
Abdullah Qasmi, who, in response to my request, 
proficiently typed the English and Arabic material. My 
profound sense of thankfulness is due to him. 

• The English translation of the Qura'anic verses 
has, mostly, been taken from Abdullah Yusuf Ali. 
Yet wherever felt, the translation has been 
modified by me. 

Towards the end of this foreword, I need hardly add 
that the responsibility for the material, the juristic 
views expressed in this volume and the references, 
furnished rests entirely with the author. 

Md Ibrahim Khan 
Monday, 17/01/2011 
Lucknow 


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Prologue 

Islam is the only universal religion. Its teachings, 
which the Qur'an and the Sunnah fully enshrine, 
offer the fullest guidance for all ages of the human 
history on provision that we possess a wakeful heart 
and a watchful eye. 

The revelation of the Holy Qur'an took 
place in a gradual manner. So came before the world 
the moral, and legal teachings of the Sunnah and 
Seerah. No denying of the fact that the reason of this 
gradation in the introduction of the teachings of 
Islam to its first addressees was their political and 
social background, and a gradual approach was 
adopted in consideration to their social and moral 
conditions. Had the Qur'an, as whole, alongwith all 
of its teachings concerning the social and moral 
reform of the Arabs, the first addressees, been 
revealed to them in a single attempt, they, most 
probably, would have failed to properly digest them 
and translate them into their practical lives. 
Therefore, Allah Tala, the Law-giver revealed the 
Qur'an at intervals. In other words, the primary 
benefit of revealing the Qur'an gradually in parts 
was to provide a timely guidance to suite the 
constantly-changing conditions in the aftermath of 
Haz. Muhammad's ascension to the Prophethood. 
This helped the Muslim society to develop itself 
according to the lines and scheme the Qur'an had 
laid down for the purpose. 


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It is generally believed that the injunctions 
and the teachings introduced during the earlier 
period of Islam were superseded by those that were 
introduced during the later periods of Islam. 
However, this concept of supersession is true only 
in relation to the ways and modes of worship, 
internal affairs of the Islamic State and the mutual 
dealings and affairs of Muslims. This rule by no way 
could be applied to the foreign affairs of the Islamic 
community and the structure, nature and 
framework of its relationships with non-Muslims. 
The kind of differences we notice in the injunctions 
pertaining to this realm and revealed in the earlier 
period and those revealed at a relatively latter 
period is more of the change of conditions than of 
naskh, abrogation and supersedence. So, this change 
is not to be termed and seen as abrogation and 
naskh. It has to be termed as tatbiq. The faqih and 
jurist is essentially required to deliberate what 
injunction is to be applied to a given set of 
circumstances. The mujtahidin of the earlier blessed 
phase of Islam are hardly expected to appear now. 
Still, the degree of distinction and a deeper 
perceptive juristic sense may be developed even 
today. Through this perceptive sense a Faqih may 
expectedly be able to go into depth and identify the 
degrees of the injunctions and then interpret and 
apply them to their correct, proper and changed 

backgrounds. 


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Prefatory Exposition 

Three Periods of the Prophet's Age 

With relation to the foreign affairs of the 
Islamic State and the Muslims' relationship with 
non-Muslims we have three models before us, all 
based on the three periods of the Prophet's blessed 
age. They are: the Makkan period (l)Abyssinian 
period, where the Muslims lived for a fairly good 
time(2),and the Madinite period(3). These three 
periods offer a fundamental guidance for all the 
political problems the Muslims may ever face in 
their present and future history. These three ages, 
precisely speaking, are in fact symbolic to thee sets 
of political conditions: 
(l)The Makkan Period: The Makkan period of the 
Prophet's age symbolises the state of political 
powerlessness. In other words, the state in which 
the Muslim minority enjoys no political 
independence and is forced to live amidst the 
politically powerful, intolerant non-Muslim majority 
which subjets the Muslim minority to religious 
persecution, and the Muslim minority has least 
freedom to freely practise and follow the commands 
of Islam, or to organize itself into a religious 

community. 

(2)Abyssinian Period This period symbolizes the 
state in which the Muslims minority has a fuller 
religious freedom to follow the tenets of Islam, 
enjoying a respectful position in the midst of a 
powerful non-Muslim majority; where the Muslims 
are also free to offer their national and political 


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services to the State. In the age of the Prophet 
Abyssinia was under the rule of Nagus. fU j 
Under the despotic rules like the Abyssinian one the 
general people have no role in the formation and 
running of the government except to follow what 
they are being dictated. But they are allowed to offer 
their political and military services to the 
government. The Muslims too stood included in the 
same general rule, as is evident from Haz. Zubair 
bin Awwam's military services he did offer to Nagus 
as a representative of the migrant Muslims at a 
critical juncture. 

(3)Madinite Period: The Madinite period is the 
state of the Muslim political dominance. This too 
has two phases. The earlier phase is the period 
when the Muslim political power was in making, 
during which the Muslim majority had to conclude 
political and defence pacts with the powerful non 
Muslim majority of Madina, that is the Jews. 
Having concluded the peace pacts with different 
Jewish clans, who enjoyed an effective political and 
economic monopoly on Madinah and around, the 
Prophet and Muslims intended to neutralize the 
Jews and build the Islamic community with or 
without the Jewish cooperation and develop and 
strengthen into a strong unitary political power. So, 
in the first phase of the Madani period the Jews were 
also included as an important element in the social, 
political and defence arrangements of the city. In 
those pacts the Jewish majority was granted larger 
concessions and the Muslims associated great 
importance to the Jewish interaction and 


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26 


cooperation in matters of defense and management 
of the foreign affairs of the nascent Islamic State. 
This phase lasted for years, and the Muslims, by 
dint of their moral superiority, dawah endeavors and 
incomparable organisational abilities, got 
strengthened day by day. This phase was followed 
by the second one which marked the full political 
and economic dominance of the Islamic community 
over all other constituents of the Madinite 
population so much as that one group of the 
Madinite population was able to interfere with any 
matters of idministration; and the non-Muslim 
minority group, in spite of their full religious and 
economic liberty, were rendered politically 
powerless. This phase lasted till the end of the 
Prophet's blessed age. Thereafter, the Islamic State 
continued to expend geographically till the most 
part of the Arabian peninsula fell to the rule of 
Islam. As a result, the circle of Muslim society's 
political and defense relationships with non- 
Muslims in and outside the realm of the State of 
Islam got substantially narrowed down, its 
expansion in moral and social walks 
notwithstanding. In the post Prophethood age of the 
Khilafat Rashidah the age of the Muslim political 
dominance got even more expanded. The natural 
process of its expansion continued till the Islamic 
State turned out to be the largest political power of 
the world and governed the world for centuries as 
power unchallengebly strong. 


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27 


Islamic Juristic Asset 

The major part of our juristic heritage is the 
creation of the age of the Muslim political and 
economic dominance. Taking in mind the superior 
position of the Muslims, the men of the Islamic 
learning and those of exceptional juristic aptitude 
discussed the nature and scope of Muslim-non- 
Muslim relationship. Quite naturally, the Fuqaha 
could apply themselves and exercised their 
inferential and deductive capabilities only within 
the context of the state obtained in a world where 
the Muslim enjoyed a predominantly superior 
position, taking the term in its broader sense. It is 
perhaps for the same reason that the chapters on 
Siyar, Jihad Sulh, Buyu, al-Hazar wal-Ibahah etc. 
discuss almost the same type of problems and 
issues in the whole literature on Islamic 
jurisprudence, be it al -Mudawwana of the Maliki 
school, al-Kharaj of Imam Abu Yusuf, Zahir al 
Riwayah of Muhammad bin Hasan al-Shibani, al- 
Umm of Imam Shafie, Fatawa Alamgiri Shami or even 
the Mujallatul Ahkamil Adliyah, which is relatively 
latest and comprehensive work on the Islamic 
jurisprudence. Vis-a-vis the Muslim-non-Muslim 
relationship we encounter much the same 
discussion in almost the whole of the literature on 
Islamic Fiqh. In the age of Islamic political 
superiority over the world it was hardly conceivable 
that the history would repeat itself and the Islamic 
community would again be reduced to its Abyssian, 
Madinite and even Makkan periods. The Prophet 


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had already pointed to the same 

situation in the following words: 

I.1jLa£ JJ3UUJ jLu jC 

Islam appeared in the state of strangeness; 
and soon it will get estranged again ." 1 
A Substantial Difference 
This is the line of differentiation between the 
general principles and the doctorinal tenets of the 
Qur'an and Sunnah and the Fiqh; deductions and 
inferences. In the generalities of the Qur'an and 
Sunnah a fuller and never-failing care has already 
been paid to the human problems emerging in 
varying ages of an ever-changing and ever- 
developing world. In the same unequalled 
peculiarity does lie the secret of the perpetuality of 
the teaching of Qur'an and Sunnah. The juristic 
inferences, on the other hand, are bound time and 
age and its particular social and political 
circumstances. They vary, and naturally so, as do 
the conditions and states, hence subject to constant 
changes. The jurists can hardly think beyond the 
limits of their age and time. As to the hypothetical 
situations, they too could be discussed only in the 
context of the conditions and situations similar to 
those of their own time and age. In the Hanafi 
school the hypothetical jurisprudence was a 
revolutionary step, but in later ages this branch of 
the Fiqh could hardy find the men of learning to take 
it forward. The general tendency of the Fuqaha was 
to envisage and discuss the problems and issues of 


Narrated by Muslim, Mishkat chap. Al-Itisam bil Kitab wal- 
Surmah p.29 ^ ^ ^ ^ 


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their own time and much of their inferential 
capabilities was spent only in unravelling what they 
faced in their own times and climes. 
The Core Subject of Fiqhul-Aqaliyat 
For the present age, when the Islamic community 
in many parts of the world, stands devoid of 
political sovereignty, even without such a majority 
as to influence the non-Muslim states and nations, 
we can drive guidance, in matters of Muslim-non- 
Muslim relationships, and determine our stand 
towards the matters and problems only in the light 
of the three symbolic periods of the Prophet's 
blessed age. For our Fiqhi asset, as we have just put, 
can hardly offer any solution to Muslim problems in 
non-Muslim countries. There exist only some 
indications which are of substantial importance for 
the successors. The Ulama working on the Fiqhul 
Aqaliyat are required to make a fuller use of such 
indications as beacon light in walking the ways 
largely hither to untreaded. 


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Chapter First 

Living in non-Muslim Countries: the Position 
of Islamic Shariah 

In the present age a large number of the 
Muslims are living in the countries under the 
political rule of the un-Islam. In India alone the 
number of Muslims is not less than 300 millions, 
thus forming at least the fourth part of the country's 
total population. This is perhaps the largest number 
of the Muslim community living in a single country 
China's Muslim population is around 150 millions; 
20 millions in United Russia; 2020 millions in 
Europe and over 8 millions live in the United State 
of America. In African countries like Tanzania, 
Uganda, Kenya, South Africa, and most countries of 
Asia such as Singapore, Sri Lanka, Nepal etc., a 
fairly large number of Muslims has long living. 
From many problems the first one to be discussed is 
to determine the position of the Islamic Shariat on 
staying and living in non-Muslim countries. To 
rephrase the problem, what about a Muslim's living 
in a country ruled by the laws other than law of 
Islam? This issue assumes even greater importance 
in regard to those Muslims who have shifted from 
their Muslim countries and the non-Muslim lands 
and have no wish to return to their Muslim 
countries. Is it tolerable for Islam that a Muslim 
seeks refuge and abode in a non-Muslim country to 
live under non-Muslim political dominance having 
abandoned the Muslim rule's circle of obedience? 
The origin of this question dates back to the earlier 


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periods of the Islamic history. The founders of the 
four great schools of Islamic jurisprudence too faced 
this question. With the differing periods the 
question, however past much of its sensitivity and 
became less important as compared to the lost ages. 

Two Basic Aspects of the Problem 
To determine the position of the Shariat vis-s-vis 
this problem its two aspects have to be taken into 
account: 

1) What are the political and legal conditions for a 
Muslim in a non-Muslim country in which a Muslim 
is living or wish to live? The difference of the 
political and legal conditions of a non-Muslim 
country shall eventually make difference to the 
position of the Shariat on the problem. 
2) What are the reasons and motives of adopting a 
non-Muslim country as a place of living? The 
reasons and motives play a substantial role in 
making difference to the Shariat position on the 
problem in hand. 

Classification of the non-Muslim Countries 

To the Fuqaha, the first aspect of the problem is of 
substantial importance. From this viewpoint the 
Fuqaha classify all the non-Muslim countries into 
three categories, each one having the specific rules 
of its own. In the Fiqhi literature we find very 
elaborate discussions of the problem. A 
comprehensive summary of such discussions 

follows: 

1) In the first category fall those non-Muslim 
countries where an observant Muslim is 
bound to face unbearable difficulties in 


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following the tenets of Islam and in adhering 
to Islam as his religion and faith, where he 
and his descendants stand exposed to serious 
danger with reference to their being, property 
and honor; where exists no surety of their 
faith and religion. In other words the 
countries which do not admit to the right to 
religion and the religious persecution holds 
sway there, which do not permit the Muslims 
to live a religious life there. That is to say, the 
Muslim shall be exposed there to conditions 
very much similar to those obtained during 
the Makkan phase of the Prophet's blessed 
age. Visiting such countries or living there is 
not permissible for a Muslim, and on this 
count there exists little difference of opinion 
in the Fuqaha. The Muslim living there since 
earlier and have power and means to move 
from such country to a Muslim or at least, to 
a peaceful country are essentially required to 
move away from such a land to a better one. 1 

The Shafies however, exempt from this general rule 
the Muslims whose stay in the midst of such 
extremistic non-Muslims holds great expediency for 


\ Cf. Jassas: Ahkamul Qur’an, 3/228, Sharbini: Mughni al-Muhtaj 
vol.6 p.54, Imam Shafie: al-Umm vol.2 p.169, al-Mawardi: al-Hawi 
al-Kabir vol.18 p.311, al-Nawavi: Roztul Talibin vol.7 p.474, 
Bahuti: Kasshaful-Qana 3/43, al-Mardawi: al-Insaf 4/121, Next 
Ibnul- Murtaza: al-Bahrul-Zakkhar 6/266, Shukani: Nailul-Awtar, 
Atfish: Sharh al-Nail wa Shifaul Alii 7/551, IbnHazam: Al-Muhalla 
vol.ll p.200, Imam Malik al-Mudawwanatul-Kubra 5/565, Ibn 
Rushd, Muqaddamat withri-M^aww^^ulK^avoLgtGlSg^ 


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33 


the Islamic community, provided that they are able 
to guard their Faith and honor and prepared to face 
the danger and sufferings they receive from the non- 
Muslims of such bigot character. To the Shafie 
viewpoint the stay of such believers amidst the non- 
Muslims not just is tolerable, but recommendably 

better. 3 

In fact, the Shafei viewpoint is based on the 

following verse: 

■ tt&jj ASildl 

Axuilj Attl (jijl jSH ^ ti a \ 

(JjfLuij ^ ^A)JLa 

"When the angels take the souls of those who 
die in sin" against themselves, they say: In what 
(plight) were you?" They reply:" Weak and 
oppressed were we in the earth". They say:" Was 
not the earth of Allah spacious enough for you to 
move yourselves away (from evil)"? Such people 
will find their abode in Hell. Evil indeed is that 

abode." 4 

This blessed verse of the Qur'an declares it a 
great sin and worst type of wrong for a Muslim 
to live in a country and place where he is unable 
to protect his faith and religion and lead a life of 
religious observance according to the demand 
and dictates of the Shariat, and he possesses 


3 . Cf. al-Sharbini vol.6 p.54 al-Mawridi, al-Hawi vol.18 p.lll, al- 
Haithami, Tuhfatu Muhtaj, vol.4 p.211 

l.S.4v.97 


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means to leave such a place and move to a 
suitable one. 5 

2) In the second category fall such non-Muslim 
countries which do not permit their Muslim subjects 
to follow the law and the teachings of Islam. In other 
words, the countries and places where the Muslims 
can not openly live as Muslims; where they have to 
live only as a weaker, powerless minority, where 
their lives, property and honor are always at stake, 
and, on the other hand, they have no means or 
place to move out and live there as Muslims. In 
short, they are constrained to live in some non- 
Muslim country. The Muslims of such countries are 
not obliged by law to migrate from there. By their 
living in such countries they shall incur no sin at 
all. 6 This view is also based on the next verse of the 

same context. 

ijjnjh"u ufi JIajII £>4 fljfaurtutialiyj 

ic. Ijiju at amI ijuiC- dliljli 

-tjjic. tjic. iiii 

"Except those who are really weak and 
oppressed-men, women and childreni-who 
have no means in their power, nor (a guide 
post) to direct their way. For these, there is 


1 Zamakhshari, al-Kasshaf, vol.l P.555 

6 . Cf. Jassas Ahkamul-Qur’an vol.3 p.228, Fathul Ali al-Malik, vol.7 
p.375, Sharbini, Mughni al-Muhtaj vol.4 p.339, Muwaridi, al-Hawi 
al-Kabir vol. 18 p. 111, Buhuti, Kasshaf al-Qana vol. 11 p.200, al- 
Bahrul Zakkhar (of Ibnul-Murtaza vol.4 p.469,Ibn al-Miftah vol.4 
p.575 _ 


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hope that Allah will forgive: for Allah is the 
Granter of Pardon, Most-Forgiver. 7 

The verse N.98 exempls the weak, 
oppressed and meanless people from the 
migration. This exemption will remain 
applicable until such people find a way out 
from this tormenting state of affairs and the 
things improve. 

3) The third and last category is of those non- 
Muslim countries where the Muslims live as a 
protected minority enjoying the full religious 
liberty, satisfied about themselves and their future 
generations' faith and religious orientation. 
Adopting such countries as a place of permanent 
living is a subject of disagreement amongst the men 
of Islamic learning and jurisprudence. These 
opinions are as follows: 

1) According to Maliki jurisprudents, and also to the 
Shafies according to one narration, the Muslims are 
not allowed to enter such countries, let alone living 
there permanently. If the Muslims living in such 
countries have means to move from there to a 
Muslim country, they must do so at the earliest. 8 (In 
short, the Malikites are absolutely opposed to 
adopting the non-Muslim countries for living, 
irrespective of that the Muslims there enjoy freedom 


1 . The Qur’an S.4 v.98-99 

8 . Imam Malik, Al-Mudawwanatul Kubra, vol.5 P 1565, also Ibn 
Rushd, d-Mu^^marwith 


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to live as Muslims according to the demands of 

Islam or not. 

2) The second opinion is of permissibility. 
According to this view, it will be lawful for Muslims 
to live in such countries, and they are not asked by 
law of Islam to move away from there. This is the 
view of the Hanafis and the Hambalites, and the 
Shafies too subscribe to the same opinion. 9 

Arguments in favour of Impermissibility 

The Fuqaha who strongly adhere to the view 
impermissibility of the Muslims' living in non- 
Muslim countries, irrespective of their types 
according to the classification put above, base their 
view on the following ahadith and narrations: 

<ule M if L^Haz. Muaviya reported the Prophet 
to have saidi^j 

The hijrat shall not discontinue till the taubah 
continues: and the taubah shall not 
discontinue until the sun rises from the where 
it sets. 10 


9 . Cf. Jassas, Ahkamu Qur;an vol.2 P.305, Illaus Sunan vol. 12 
p361, Bahuti, Kasshaful Qana vol.3, P.44, Ibn Taimiya: al-Fatawa 
vol.4 p.280, Nawawi: Rozatul Talibin, vol.7 p.474 Sharbini, Mughni 
al-Muhtaj,vol,6 P.54 

10 . Abu Dawud, al-Jihad Had. N.2462 Abdur Rahman al-Banna, al- 

Fathur-Rabbani li Tartib Musnad Imam Ah mad bin Hambal vol.20 
P296 _ 


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Haz. Abdullah al-S'adi reported the Prophet 
to have saidifVs 

SjAfSl jJaAjjV poljj ,Jlj) jlisdt JjjSU Sja^Jl jjaitiV 

JjtLjJxll ^ULa 

The hijrat shall continue as long as the 
fighting with the disbelievers is in force. 11 

What we gather from such narrations is that 
the hijrat is a constant act and shall remain in force 
till the advent of the day Judgment. Undeniably, 
such narration addresses the Muslims living in non- 
Muslim countries. According to the meaning and 
content of such narrations the Muslims are always 
required not to stay in non-Muslim countries. If they 
ever happen to be in countries of non-Muslims they 
must move to Muslim countries. This narration 
could safely be construed as commanding the 
Muslims of non-Muslim countries to leave them and 
move to elsewhere to the Islamic world. Then how 
the Muslims of a Muslim country could be allowed 
to adopt the world of un-Islam as a place of living 
having abandoned their native Muslim countries. 
However, almost all such countries are not so much 
good from the technical viewpoint taking from both 
aspects of transmission channel and methodical 
argumentation, and therefore unfit, as observed Ibn 


n . Cf. Baihaqi, al-Sunanul-Kubra, Siyar, vol.P18 al-Fathur Rabbani 
litatib Musnad Imam Ahmad b. Hambal, vol.20 P.295, Chap.al- 
Baiat, Had.4183-4184 _ 


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Khuzaima, a celebrated Muhaddith, to serve a 
reliable base for such a crucial proposition. 12 

Still, assuming those narrations to be correct 
and arguable, we may say that they are applicable 
only to such non-Muslim countries as deny the 
Muslims their right to religious freedom, where the 
religion, faith, life, property, and honor all are 
always in constant threat, provided the Muslims 
possess power and means to leave such countries 
and the Islamic world is prepared to welcome them. 
By no way such narrations could absolutely be 
applicable to all non-Muslim countries, for there 
exists a good number of such narrations as permit 
the Muslim to live in non-Muslim countries. 13 
Second Argument 

The second argument has been premised on 
such ahdith and narrations which seek disallow the 
believers to stay in the midst of polytheists and idol- 
worshipers and ask the Muslim to stay away from 
them. To cite a few of such ones here: 
Jjmi jL jtta (joj ^oSj ^Iula <j^» Ul 

-uai jii y 

I disavow every Muslim staying amidst the 
polytheists. Why so, (and how far they should 
stay from each other)"? asked the 
companions.:" so far as not to see the fire of 


12 . Shamus Haq Azimabadi: Awnul Mabud, vol.7 p.156, Shukani: 
Nailul Awtar, vol.8 p.26 Ibn Hajar: Tahzib al-Tahzib vol.5 p.154 
Dahabi, Mizan al-Itidal pp. 241-44 

13 . Cf. San’ani, vol. 4P.86, Mubarak Puri: Tuhfatul-Ahwazi vol.5 


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39 


1c t5 L- a each other," the Prophet 
explained. 14 

^ j ol MVj (jaS jJLdll V 

-Aila Ajli Ajla (jLujj dl jwIaII y-a 

"Stay not with polytheists, nor assemble with 
them. One who stayed or assembled with 
them, shall be regarded as are they," 

The next version of the narration is almost the 

same, except that it uses the singular verb form. 15 

Such narrations too disallow the Muslims to 
stay in the midst of the non-Muslims. But this too 
has been discussed much and proved unfit to serve 
the purpose. Apart from the technical problems 
with them, as more than one links of their 
transmissional channels have been held intolerably 
weaker by the technical experts of the science of 
hadith, they are being used for establishing the 
impermissibility almost completely detaching them 
from their proper contextual backgrounds. 16 

Granted the narrations of this type are 
correct, they by no way could absolutely be 
applicable to all non-Muslim countries; their 
applicability would remain confined only to such 


. Cf. Tirmizi, Siyar Had, n.1654, Abu Dawud, jihad, Had. N. 

2628 Nasai; Qasamah, had. 4794 

15 . Cf. Baihaqi al-Sunan al-Kubra, Siyar vol.9 p.18 Tirmizi with 
Tuhfatul Ahwazi vol. p.230, Abu Dawud Jihad, Had. 2770 

16 . For the technical weakness the Mizanul Itidal al-Zahbi, vol. 1 
p.184, vol.4 p.75, Tahzibul Tahzib Ibn Hajar Asqalani vol.7 p.27, 
al-Majmu fil-Zuafa wal-Matrukin of Abdul Aziz a-Sirwan p.283, 
and 116-442 and Awnul Mabud of Shamsul Haq Azimabadi 

7 may particularly be referred to- Ed. 


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countries which do not permit the Muslims to 
follow the religion of Islam and live accordingly, 
and the Muslims of such countries have no other 
option than to leave such countries. The contextual 
background of the last hadith is supportive of our 
observation and makes the meaning of it quite clear. 

jduij put it here," The Prophet 

dispatched a punitive expedition to the tribe of 
Khus'am. Faced the Mujahidin, the Khus'ami 
Muslims fell into prostration as a sign of their being 
Muslims and to protect themselves from the swords 
of the Mujahidin. But, unfortunately, this proved of 
no avail. Unaware of that the Khus'mis were 
Muslims, the Mujahidin put them to sword. This 
unfortunate mishap was communicated to the Holy 
,and he ordered that one fVs Prophet 

half of the blood-many for each and every casualty 
should be paid. Then, in order not to let such 
unfortunate mishaps take place again in future, the 
issued the warning of under ^^Prophet 

discussion 17 

A Rational Argument 

From the supporters of the view put above a 
rational argument is also expounded to strengthen 
their standpoint. This argument goes as: leaving a 
Muslim country and adopting a non-Muslim 
country as a permanent place of living would mean 
that a Muslim is willingly submitting himself to 
non-Islamic laws taking himself out of the sway of 
Islamic Shariat and quite obviously, this thought is 


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41 


totally opposed to Islam and a Muslim could not 
normally be allowed to do so. 18 
But this argument has lost much of its 
significance in the modern world. The right to 
freedom of religion has got a universal 
acknowledgment and all the countries of the world 
have included the right to religious freedom in the 
list of the fundamental human rights of their 
constitutions, and almost all the countries allow all 
their citizens to follow the religion of their own 
choice. In the modern world a Muslim may live in 
any country, and lead his in accordance with the 
tenets and teachings of Islam. Living in a non- 
Muslin country, a Muslim may be influenced, at the 
most, by the economic affairs. But the larger part of 
such affairs is hardly opposed to the teachings and 
the law of Islam and the task to bring conformity 
between the Islamic economic affairs and those of 
the modern secular system is not much harder. 
The experience tells that the Muslims living 
in non-Muslim countries follow the teachings of 
Islam far more whemently than those of the Muslim 
countries. Inordinately clung to the religion of 
Islam, its tenets and teachings, the Muslims of the 
non-Muslim countries are lovingly and passionately 
attached with Islam, while, in sharp contrasts large 
number of those of the Muslim world only 
traditionally and spiritlessly stand associated with 
the religion of Islam 


1 Muqaddamat Ibn Rushd with al-Mudawwanatul Kubra vol.9 


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Arguments of Those Holding the View of 
Permissibility 

The majority of the Fucjaha holds the view of 
permissibility. This view rests on the following 
important and sound bases: 

.!Jjili yijinndtjtj (jSJj SV 

This hadith has been reported by Haz. 

. He reported t^jAbdullah bin Abbas 

to have said on the ajjI L5 I^the Prophet 

day of conquest of Makkah: 

"(The command of) hijrat is no larger in force 
after the conquest of Makkah. The jihad and 
the intent of hijrat, however, are still on. So, 
whenever you are asked to get marshalled to 
undertake jihad in the cause of Allah, follow 
the command." 19 
This hadith makes it clear that after the 
conquest of Makkah when in the most part of the 
Arabian peninsula peace and order was established 
and there remained hardly those elements as might 
subject the Muslims to religious persecution or 
hinder any body from embracing Islam or following 
it, the command of hijrat to Madinah was abrogated. 
According to Hafiz Ibn Hajar the last ruling is not 
limited to the city of Makkah, indeed it is equally 
applicable to all the places and countries where a 
Muslim is freely able to perform his religious 
obligations without facing obstructions. 20 


19 . Cf. Bukhari, Jihad, had. N.3077, Muslim al-Imarah, Had.4803 
^T^±ul-B^Acommenmrvjm ahBu^ari) toL6pp^3-34 


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Explaining the meaning of the hadith under 
discussion. Imam Khattabi and Shukani say that 
since in the earlier days of Islam the Muslims were 
scattered and less in number, it was, therefore, the 
need of the hour to gather them at one place and 
make, thus, a united front of the Faithful to face the 
combined force of the unbelief. To achieve this 
important objective all those embracing Islam at 
Makkah or elsewhere, before the conquest of Makkah, 
were transitionally commanded to migrate to 
Madinah. But when the number of the Muslims 
increased considerably and they turned able to 
establish themselves at Madina as a political power 
to be reckoned with, of which the conquest of 
Makkah was a symbolic demonstration, the 
command of the hijrat was abrogated. 21 

Before the conquest of Makkah the Prophet 
permitted some of his companions to stay at 4^ 
Makkah in the midst of the pagans, for example, his 
not £i\ ^juncle Haz. Abbas bin Abdul Muttalib 
withstanding the fact that at that time Makkah was a 
Darul-Kufr. It is because of that Haz.Abbas was not 
feared to fell to the tempting offers or the 
persecutive tactics of the pagans, thanks to his 
personal position and the reliable familial support. 
This establishes the ruler that a Muslim may live 
and stay in a non-Muslim country if he is sure about 
the safety of his faith, life and property. 22 


21 . Cf. Al-Khattabi: Ma’alim al-Sunnah vol.2 p.203, Shukani: Nailul 
Awtar vol.8 p.26 

22 . Cf. Imam Shafie: al-Umm vol.2 p.169, Ibn Qudama: al-Mughni 

d^a^£^ abstmaml Kultoa 


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About Haz.Abbas, however, it may be said 
that he was unable to undertake the hi]rat to Madina. 
Therefore, he stood exempted from the command of 

hijrat. 

—» Helpless in the face of the inhumane, tormenting 
persecution on the part of the pagan Quraishites, 
<ulc. (jLt a many companions of the Holy Prophet 

migrated to Abyssinia, then a Christian country, 
and adopted that country as a place of living. They 
stayed there until Allah Ta'ala made for them a way 
out. Some of them remained there even years after 
the Prophet's historic hijrat to Madinah. This all 
happened according to the will of the Prophet 
himself. The Nagus too embraced Islam and 
remained in his own country which, quite 
obviously, was a Darul-Kufr at that time. Needless to 
say, the Nagus did possess the required means and 
might to undertake the hijrat to Madina Muawwarah. 
Still he remained there as the ruler of his country 
under the permission of the Holy Prophet himself, 
and took his last breath there. After his death the 
offered his non-present (/^Prophet 

funeral prayer and said: 

Today died a man of the best character. 23 

Ljt-4 

—» Ata ibn Abi Ribah, a taabie of note, says that he in 
the company of Ubaid bin Umair, happened to have 
a talk with Haz.Ummul-Muminin Ayisha Siddiqa 


23 . Cf. Bukhari with commentary Fathul Bari vol.7 p.242, Book 
Managibul Ansar, Chap. MaritalJ^jashiLHad^a 3877 ^^^ 


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45 


and requested her to explain the position Lffc M 

of hijrat. She explained as follows: 

"Now the command of hijrat stands 
abrogated. The hijrat was a religious 
obligation in the past when the Muslim were 
a subject to an extreme religious persecution 
on the part of the pagans. When the Muslim 
at jduij (.^gathered round the Prophet 

Madinah and the religion of Islam established 
itself as a strong political power, the hijrat is 
no larger an obligation. Now a person is free 
to live anywhere as Muslim and worship his 
Lord. The jihad and the intent of hijrat, 
nevertheless, are still in force." 24 

^jExplaining the word of Haz.Ayisha 
that she uttered in response to the question L$ie. 

of Ata bin Rabia, Hafiz 
Ibn Hajar writes: 

"Haz. Ayisha has pointed to the fact that the 
obligation of hijrat was not absolute in 
meaning and application. It was actually 
associated with the existence of the 
persecutive circumstances. The hijrat 
remained obligatory to follow until the cause 
remained existent. With the absence of the 
cause the obligation too shall disappear. 

Going by this rule, the Muslims now are free 
to live anywhere throughout the world where 
they enjoy a full freedom to follow the 




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46 


commands of Islam without obstruction. The 
Muslim living at such places are not obliged 
to leave and move out from them" 25 

Shaikh Mawardi also subscribes to the same 

stand point. To quote his words:" 

"If the Muslims are free in a non-Muslim 
country to follow the religion of Islam such a 
non-Muslim country shall share the ruling of 
the abode of Islam. Even the Muslims' living 
in such countries may be an act of greater 
virtue as compared to their living in Muslim 
countries for it carries more potential of the 
preaching of Islam than a Muslim's living in 
the countries of Islam. 26 

A careful and deliberate study of what has 
just been put makes it clear that the last standpoint, 
held by the majority of the Fuqaha, is stronger and 
preferable than the former one. Precise reasons 

follow: 

—> The ahadith offered to prove impermissibility are 
not generally free from technical damages. Granted 
that they are technically sound, they might be 
applicable only to such non-Muslim countries, as it 
has already been put, which are not peaceful for the 
Muslims from the religious viewpoint. 

—>Today most of the non-Muslim countries stand 
substantially different from the past. The amount of 


2S . Ibn Hajar Fathul Bari, vol.7 p.290 
AJ-Mawradi: al-Hawi,,voL18 pTU 


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47 


importance they associate with the freedom of 
thought, religion and of expression is far too greater 
than what is available in many of the Muslim 
countries. There exist numerous Islamic institutions, 
-Masjids, religious semineris and the Islamic 
religious movements and organizations to serve the 
cause of religion without political or constitutional 
obstructions. Great men of Islamic learning who 
have reached there from different Muslim and non- 
Muslim countries under different reasons, are 
serving the cause of Islam attentively and 
conducting researches in different areas of Islamic 
knowledge. In such countries Islam and Muslims 
face no internal or external threat. Then, does it 
stand to reason to charge the Muslims of such 
countries with undertaking hijrat from there, or 
holding it unlawful for the Muslims to visit or living 
there by securing the citizenship of such countries? 
Granted the viewpoint of impermissibility to be 
correct, it will make it incumbent that all the non- 
Muslim countries be freed from Islam and Muslims. 
There could hardly be found even a single man of 
sane to have such an unwise view. More over, the 
hardships and unbearable difficulties, which the 
process of migration and the alternate placement 
shall unavoidably involve, are opposed to the 
nature of Islam which features the facilitation and 
easiness in the whole of the structure of its teachings 
and commands. To cite the Qur'anic wording in this 

regard: 


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48 


And He (Allah) has imposed no narrowness 
and difficulty on you in religion. 27 
The same principle has been expressed at 
another place in the following words 

.j-uiiit Jjjj VjjmuI) j 

Allah wants ease for you, and don't want 
hardship for you. 28 

Staying in non-Muslim Countries: the 
Commoner Motives 

An important aspect of the stay in non- 
Muslim countries is to determine the motives 
behind. Difference of motives will bring difference 
to the legal position of the Shariat on the 
proposition. There might be more motives than one 
which prompt the Muslims to move towards non- 
Muslim countries. The commoner ones are listed 

below: 

Seeking Political Asylum 

Sometimes a Muslim may face serious risk 
to his life, property honor even in his own 'Muslim' 
country, where he may be subjected to brazen 
injustice and oppressive methods. The secular 
Egypt, Syria and several other Muslim countries 
offer the most conspicuous example of this. Driven 
by such circumstances, a Muslim thinks expedient 
for him to live his own Muslim country and move to 
any other non-Muslim country to protect his life and 


'.22:78 
28 . 2:185 


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49 


property and live a life of peace and prosperity. 
Faced with such conditions, a Muslim is permitted 
to choose a non-Muslim country for his living. 
While choosing a non-Muslim country for the 
purpose of living, a Muslim shall, however, be 
required to take into account the following things 
The non-Muslim country chosen must be (a) 
allowing him to follow the religion of Islam 
quite freely. 

The oppression and injustice towards him in (b) 
his Muslim country has touched the last limit 
with no remedial possibilities and no Muslim, 
individual, group or country is prepared to 
lend him the support in an effective way 
In his new country of non-Muslims he must (c) 
keep himself away from taking part in an act 
which that non-Muslim country intends to 
harm the Islamic community. 29 The following 
ill hadith of the Holy Prophet 
supports whatever has just been put. 
o'-* a'j ^ O 4 (j* 

The person who fled from a piece of land to 
another for the sake of his religion, even he 
had to walk only the length of a single span, 
Paradize is written for him. 30 


29 . Cf. Qurtubi: al-Jami li Ahkamil Qur’an, vol.5 p350, Ibnul-Arabi 
vol.l p.485, Ibn Hazam: al-Muhalla, vol. 11 p.200 

AbQurtiAb ab^ni U AhfaiM QuTaiyTOL5jy347^^^^^^^^ 


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An example of seeking political asylum is the 
followings: Walid bin Yazid threatened Imam Zuhri 
with his life about Hisham bin Abdul Malik taking a 
vow to put him to death. Frightened, Imam Zuhri 
set his determination to leave the world of Islam 
and seek with Rome the political asylum. Yet the 
things appeared differently. Imam Zuhri passed 
away before the death of Hisham. 31 

Migrating to a non-Muslim Country with the 
Intention to harm Muslims 

Seeking abode in a non-Muslim country 
with an intent to harm the Muslims and work 
against the larger interests of the Islamic 
community, merely out of his love and friendly 
relationships with the non-Muslims and lending his 
support to them against Muslims indeed will be an 
act of terrible sin. For the person of such intent it 
will be forbidden to seek an abode in a non-Muslim 

country. 32 

This rule has explicitly been laid down by 

the Qur'an itself in the following eternal words: 

V dsl O' 

O those who believe! Take not the Jews and 
the Christian for friends and protectors. They 
are but friends and protectors to each other. 

And one who from you that turn to them (for 
friends) is of them. 33 


31 . Ibn Hazam: al-Muhalla, vol.ll p.200 

32 . Op. cit. 

3. 5: 51 


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51 


Seeking an Abode for Temporary stay in a 
non-Muslim Country with Business or Work 
Purposes 

Sometimes a Muslim needs to stay in or visit 
a non-Muslim country with business or work 
purposes. This purpose may have more modes than 
one. To list them here briefly: 
In his own Muslim country there is an acute (a) 
dearth of the primary means of living and in 
search of economic means one finds oneself 
constrained on moving to a non-Muslim 
country. According to the majority of the 
Fuqaha, a Muslim is permitted to seek and 
abode in a non-Muslim country or visit such 
countries for this purpose . 34 
This ruling is based on the following verse of 

the Qur'an: 

\a <jJa ijVI 

-AJlj AiJj 

It is He Who has made the earth manageable 
for you, so traverse you through its tracts and 
enjoy of the sustenance which He furnishes. 

And unto Him is the Resurrection 35 . 

Quite obviously, traversing through the tracts 
of the land by no means is restricted to one or 
some places or countries. It is applicable to 
the earth as whole. 


1 Surakhsi: al-Mabsut, vol.10 p.88, Ibn al-Arabi Ahkamul Qur’an 
vol.l p.515, al-Buhuti Kasshaful-Qana, vol.3 pl31, al-Qurtubi al- 
.Ta mi li Ahka mi l Qur’an vol.5 p351 

35 . 67: 15 _ 


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The primary means of living are (b) 

available and one is not hit by repeated 
conditions of starvation. Yet, one wants to 
improve one's and one's family's economic 
condition. For this purpose too a Muslim is 
permitted to migrate to a non-Muslim 
country. 36 

The following verse of the Qur'an is the 
base of this rule: 

<j.a jiujj (jl ^LLa. 4^ (juA 

It is not a crime in you that you seek of 
the bounty of your Lord (during 
pilgrimage). 37 

Abiding in a non-Muslim country for business (c) 
purpose, to the majority of the Fuqaha it is 
also lawful. 38 

Imam Malik and Imam Ibn Hazam, 
however, differ from this opinion. To their 
viewpoint, the worldly purposes are not so 
important as to render a Muslim's migration from a 
Muslim country to a non-Muslim one as lawful. 39 

The former viewpoint-held by the majority 
of the Fuqaha - is based on the fact that in the 
blessed age of the Prophet some companions 
journeyed to the non-Muslim countries for business 

did not jduij 4J& 4>il L5 Lapurpose and the Prophet 
expressed his disapproval of their's so doing. 40 


36 . Ibn al-Arab: Ahkamul Qur’an vol.l p.486, Qurtubi, al Jami li 
Ahkamil Qur’an vol.5 p351 

37 . 2: 198 

38 . Surakhsi: al-Mabsut. Vol.10 p.88 

39 . 1 IbnRushd al-Maliki, vol. 9 p.159, Ibn Hazm vol. 11 p.349 

2^^ShaiJ^ ^-w^la-wal-Baraufillslamp^T^ 


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53 


In the present age most of the Muslim 
countries stand extremely backward in the field of 
business and industry. This dismal dictates that the 
Muslim business personnel should visit and stay in 
developed non-Muslim countries so as to learn and 
develop business acumen. 

Another important benefit of the business 
trips to non-Muslim counties is that the Muslims' 
honest and fair business ties and behavior with non- 
Muslims are expected to impress the non-Muslim 
world and help it build a positive opinion of Islam 
and Muslims. This may open great possibilities of 
the Islamic dawah there and win the hearts of non- 
Muslims for Islam. In the past it was the business for 
which the great Muslim caravans traversed through 
different countries of the world and were able to 
carry and communicate the message of Islam to the 
non-Muslims at large. Business purpose is a very 
significant means of dawah and holds good event 
today. Losing such a useful and experienced means 
of dawah will be utterly unwise: 
Staying in a anon-Muslim country to serve a d)( 
purpose of a Muslim country there, for 
example, a person is being deputed as an 
ambassador/ high commissioner, etc., at a 
non-Muslim country, or one has to visit and 
stay in a non-Muslim country as, a press 
representative. All such types of a Muslims 
stay in non-Muslim country are included in 
the permitted forms. This too is subject to the 
following conditions. 


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54 


—» This stay carries a real good for the Muslims and, 
in the long term, is not harmful to the Islamic 
community or its actual interest. 
-> The job one has to carry out in a non-Muslim 
country as well as the methodology involved is not 
contrary to the norms of the Shariat. 

-» The target non-Muslim country gives the 
Muslim a full freedom to perform the religious 
obligations without legal, social or political 

obstructions- 41 

Temporary stay in the capacity as student 

Today the knowledge and learning has 
assumed diverse forms, and the newer areas of 
knowledge have also been conquered, particularly 
in the walk of industry and medical sciences. The 
Muslims stand in earnest need to learn them and 
thereby to reach to the highly educated and 
professional class of non-Muslims. Only then the 
Muslims may be able to apply those branches of the 
human learning for the good of Islam and the 
Islamic community. Equipped with the latest 
branches in natural and medical sciences, the 
western nations have visibily built and established 
their supremacy over the rest of the world, and 
throughout the world no nation is found to 
challenge the western supremacy in the areas of 
knowledge, of natural sciences and medical 
sciences. The Muslims stand in earnest need to learn 
those sciences from the western nations in order to 


1. Imam Abdul Halim Mahmood, Fatawa, vol. 2 p 472, Dr Ahmad 
Jamal, vol. 1 p.240 


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55 


develop themselves and build up their position in 
terms of material means and might in the comity of 
the nations of the world. Only by equipping 
themselves with the modern, latest, and useful 
branches of the scientific studies, which for the time 
being have unfortunately been applied for 
destructive ends, may be able to use and apply 
those sciences for spiritual and noble ends. 
Islam is the first ever school and the Prophet 
is the first teacher and <uil ^^luaMuhammad 

instructor of humanity. He laid special emphasis on 
the importance of knowledge and adopted every 
possible means to promote it. Expressing the 
importance of the journey to be undertaken for the 
(.^acquisition of knowledge, the holy Prophet 
said: fVj 

Jja. jilt Jjj*- <> 

"The person who left his home in quest of 
knowledge shall remain in the cause of Allah 
till he arrives back" 42 
In the hadith the term Um (knowledge) refers 
to the knowledge beneficial, the religious 
knowledge, in the broader sense, is the pre-eminent 
constituent of it. As the secondary meaning, the 
term, however includes every branch of human 
knowledge established on sound and permissible 
foundations and premises, meant for the welfare 
and benefit of humanity, with potentials to be used 
for the constructive ends of Islam and Islamic 
community. In respect to the modern scientific 
knowledge, specially in the scenario of the 


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56 


requirements of modern age, the journey to non- 
Muslim advanced countries in quest of knowledge 
should be recommendable rather than permissible. 

This, however is subject to a number of provisions: 
The knowledge for the quest of which the (1) 
journey to a non-Muslim country is being 
undertaken is useful for the Islamic 
community and it stand in need to it to serve 
its secular and social objectives. 

The knowledge intended is not opposed to (2) 
the expressed and implied general principle 
of Islamic Shariat. 

In the host country satisfactory arrangements (3) 
of religious and ideological orientation are 
available. 

Journey and Stay in a non-Muslim Country for 
the Propagation of Islam 

The permissibility of the stay or journey to a 
non-Muslim country with the intention to 
communicate the message of Islam to non-Muslims 
there is beyond contention. In the past it has been a 
very successful means of propagation of Islam. Our 
pious predecessors left their homelands and stayed 
in non-Muslim countries and through their moral 
integrity and excellent works of human service won 
the hearts of their target audience. This way the 
message of Islam was successfully communicated to 
the world at large. 

Communicating the message of Islam to the 
world at large constitutes a common obligation of 
the Islamic community. To this effect the Holy 

Qur'an says: 


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^1a Al jfl JS (Ja j&Njlh f i4lS|jjiLi (jjj-ajAl! (jlS Uj 

"It was not necessary for the believers to go 
forth all together (to receive religious 
instructions), then why did not a party of 
them go forth that they may grow in religious 
understanding, and that they may warn their 
people when they return to them, so that they 
may avoid (wrongful attitudes). 43 

This religious obligation dictates that a 
number of the Muslims is always in need to 
undertake journies and to stay in non-Muslim 
countries for the end of the propagation of Islam 
and communicate the teachings of Islam to non- 

Muslims. 

Journeying to non-Muslim Countries under 
Medical Purpose 

In case the Muslim country does not have 
sufficient medical facilities, the Muslim patient is 
permitted to undertake the journey to and stay in a 
non-Muslim country. 44 

Recreation and Entertainment Journey 

Undertaking a journey to a non-Muslim 
country for recreation and entertainment purposes, 
or to meet one's relations and Muslim brothers-in- 
faith there and staying there for the purpose is 


1 al-Taubah: 122 

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permissible according to the view held by the 
majority of the Muslim Ulama and jurisprudents. 45 
Recreational and entertainment journey, as 
such, is not impermissible by the Shariat; it may 
rather be commendable act in the eye of the Islamic 
Shariat if it is undertaken with a view to receive 
admonition from the study of varying natural 
phenomena scattered about everywhere across the 
world. In the course of one's journey one encounters 
the countless signs of Allah's omnipresence and 
omnipotence. This enhances one's belief in Allah 
and faith in the truth of Islam and the journeyer 
experiences the impermanence and instability of the 
world. Sometimes a journey may take one far ahead 
in respect of the high levels of the spiritual 
improvement. That is why the Qur'an asks the men 
to undertake journey to various parts and corners of 
the earth. To quote a single verse: 
jVt JS 

Say:' Travel through the earth and see how 
Allah did originate the creation. 46 

The world EARTH undoubtedly includes the 
non-Muslim countries as well. The earth is of Allah 
alone. It is He alone Who creates and brings all 
things to existence. If we actually go through this 
wide earth, we shall see the countless wonderful 
things in the creation of Allah— the Grand Conyon 
and the Niagaras in America, beautiful harbors like 


! 1. Ibnul-Arabi: Ahkamul-Qur’an vol.l p486. Qurtubi: al-Jami li 

i Ahkamil-Qur’an vol.5 p.350, Muhammad Aaithamin and Abdullah 
| bin Baaz; al-Aqalliyatul Muslimah p.67 

L.JL : 2 | Q:29 


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that at Sydney in Australia, mountains like 
Fujiyama, the Himalayas, and Elburz in Asia, Nile 
with its wonderful cataracts in Africa, Fiords of 
Norway, the Geysers of Iceland, the city of the 
midnight sun in Tromsoe, and innumerable wonder 
everywhere. 

However, those wishing to undertake the 
journey to the countries ruled and dominated by the 
non-Muslims shall be required to take into 
consideration the following things: 
Should restrict their recreational trips only to (1) 
such countries and areas where they are sure 
of not involving, intentionally or otherwise, in 
things held as the acts of sin by the Shariat. 
Wasting of money and time has to be (2) 

eschewed. 

The purpose of such journeys must be a (3) 
permissible things in itself, for instance calling 
the people to Islam, visiting the Muslim 
brothers, taking part in academic and 
educational programs, or the study of natural 
phenomena, etc. 


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Chapter Two 

Taking the Citizenship of a non-Muslim 
Country 

In previous chapter the discussion centered 
round the legal aspects of a Muslim's visiting or 
living in a non-Muslim country under one's sacred 
and secular purposes, and determining the position 
of the Shariat on it. In the present chapter we will be 
discussing another point of vital importance. It is 
about a Muslim's taking the nationality of a non- 
Muslim country having abandoned the nationality 
of his Muslim country. The wording of the question 
may precisely be as follows: 
"Is it permissible for the citizen of an Islamic 
state to apply for the nationality of a non- 
Muslim country and taking the citizenship of 
it, thereby letting himself live under the law 
of un-Islam as the citizen of that country"? 
Determining the Sense and Meaning of 
Citizenship 

According to modern legal theory, the 
'citizenship' stands for special political and legal 
relationship on the basis of which devolve upon 
each of the State and the citizen some rights and 
responsibilities towards each other, and each one of 
the two is required to meet some demands and 
responsibilities to each of the State and the citizen. 
This constitutional relationship attributes the man's 
identity and his existence to the state whose 
citizenship and nationality one has taken, and the 


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61 


citizen henceforward is called American, Indian, 
British, Saudi, Egyptian, etc. 47 

Will a Muslim be permitted to snap the 
citizenship of his natal Muslim country and seek the 
citizenship of a non-Muslim country? Even more 
precisely, is a Hijazi permissible to introduce himself 
as an American or British having taken the 
citizenship and nationality of America or Britain? 

Types of Nationality: the nationality is of two 
types. The natal nationality. It is of the country's to 
which the child's parents belong as its citizens. The 
child gets this type of nationality the moment 
he/ she is born out and comes into being. This is a 
natural nationality and the child has nothing to do 

to get it. 

The other type of nationality is that which is 
acquired by its means, the example, by marrying a 
girl of that country or by applying for it. 

Then, it may happen that the nationality of 
the new country repeals its new citizen's former 
nationality. To explain, an Indian may get the British 
nationality. But the Indian's getting the British 
nationality will repeal his/her Indian nationality, 
and henceforward he/she shall be identified as 
British and not as an Indian. Actually, in this 
connection the laws differ from country to country. 
According to the law of Pakistan, for instance, a 
Pakistani national may get the nationality of any 
other country and still retain his Pakistani 
nationality. In other words, a Pakistani may have a 


47 . Al-Jinsiyah fit Shariatil Islamiyah p.13, Abdullah Gilani: 
Uloomus Shadat wybQ a . ri H. n .T: _ 


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dual nationality; in Pakistan he is the Pakistani and 
a Britain in Britinia. Actually, this is decided in the 
light of the agreements and accords between the 
countries how the citizens of a country are to be 
treated in matters related to nationality and 

citizenship. 

Once a person gets the nationality of a non- 
Muslim country, he/she becomes entitled to all 
those rights and privileges to which a natal citizen 
of that country is entitled. He/she may take part in 
the formation of the government there, may get a 
job in public and private sectors and may enter into 
the economic competition as fully as do all others 
who are the original citizens of that country. He 
may purchase lands and properties there. In short 
this new citizen gets all privileges and rights which 
a citizen as such should have. The latter country has 
no right according to the international laws to expel 
this citizen even when it is at war with the country 
to which he/she once would belong. Side by side 
this, there are some duties and demands which do 
devolve upon him/her and he/she shall be required 
to fulfill them towards the country as its citizen. He 
may be asked to make himself available for military 
services when the circumstances so call for. The 
citizenship, on the other hand, will entail that he 
respect and obey the constitution of the country and 
pay timely the prescribed taxes. 48 

The detail put above was intended to open 
the way for the understanding of the real nature of 


i cf. ai-Ahkamus s u ]t an jy a h lil-Aqalliyatil Muslima p.78-79, and al- 
jt^y^wal-^rriya 

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the problem and the position of the Shariat on it. 
This problem is one from among those engendered 
by the modern age. The geographical divisions, a 
tight system for their security and guarding and the 
nationalities and citizenship of the countries and the 
related issues have now gained the amount of 
importance which hither to remained inexperienced. 
In the past there existed little rules to govern the 
entering and living in a country. People would 
undertook journies from one country to another 
with no legal barriers either and dwelt wherever 
they pleased. The concept of nationality and 
citizenship hardly existed in the past. This complex 
concept has come to develop only in context of the 
modern international laws. The ancient Fiqhi 
literature has touched it only marginally; a systemic 
treatment of the problem is not available there. The 
contemporary men of Islamic learning and expert 
scholars, however, have been discussing it along 
with the related issues. 

Two differing viewpoints: 

A study of what has generally been produced by 
the contemporary ulama puts before us two different 
viewpoints concerning the problem. The gist of 
important writing follows: 
To a class of the ulama (mostly from the world (1) 
of Islam and Arab), the living of a Muslim in 
non-Muslim countries amounts to apostasy 
and leaving the fold of Islam. Such ulama are 
of the opinion that to such people the ruling 
related to the apostates should be applied. 49 

49 . Muhammad Rashid Raza: al-Fatawa, yol.5 p. 1750 


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64 


This group of the ulama includes the following 
important men of Islamic scholarship: 

• Shaikh Md. Rashid Raza (Egypt) 

• Shaikh Md. Yusuf al-Dajwi 

• Shaikh Md. Shakir 

• Shaikh Idris Sharif Mahfooz 

The first three were associated with the al-Azhar 
and were held in high esteem by the world of Islam. 
The fourth belonged to Beirut, where he occupied 
the position of the Grand Mufti. 

• Dr Md. Abdul-Karim al-Jazairi. 50 
According to the other standpoint, contrariwise, 
a Muslim's living in a non-Muslim country is by 
no means an act of apostasy; it constitutes a 
disobedience. This view is held by Shaikh 
Mukhatar al-Salami member of the Majmaul- 
Fiqhil Islami, 51 And Shaikh Muhammad bin 
Abdullah bin Suhail, who, besides being the 
Imam of the Masjidul Haram, is a prominent 
member of the Council of the Grand Ulama of 

Saudi Arabia. 52 

The same viewpoint is held by the chief 

Fatwa authority of the Saudi Arabia. 53 
(1) Other group of the ulama holds the view of 
permissibility. Then the ulama subscribing to 
this view too have differed into two groups 
each holding a view differing from the other. 


50 . Hukmul-Tajannus bi Jinsiyati, Dawlatin ghair Islamiya p.71-97 
Tabdilul-Jinsiya Ridda wa Khiyanah p.27 

51 . Mujallah al-Fiqhul Islami vol.2 p.1156 

3 Hukmul Tajannus I Jinsiyati Dawlati n ghair Islamiya p.113 

J^al-Lajna^abDaimalU.Buhus 


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One group holds that the permissibility is (a) 
conditional with the circumstances calling for 
it. This view is held by Shaikh Ahmad bin 
Ahmad al-Khalili, Public Mufti of the Sultanat 
of Oman and the member of Islamic Ficjh 
Academy. The Egyptian Darul-Ifta too has 
issued the Fatwa according to the same 

view. 54 

(b) The other viewpoint is of permissibility. And 
it is the circumstances and motivation which 
may bring changes to the nature of the 
original rule. The majority of the 
contemporary men of Islmaic learning 
subscribes to the same view. To name here 
only a few of them. 

• Dr. Md.Yusuf al-Qardawi (his fatwa is available 
on his personal website. See (www.qardawi.net) . 

• Dr. Md. Rafat Usmani, Principal the Collage of 
Shariah and Law, al-Azhar University, Egypt. 

• Dr. Wahba al-Zuhaili. 55 

• Muti Taqi Usmani, etc. 56 

Arguments to Support the View of 
Impermissibility 

Those who hold and support the view of 
impressibility bring forward the following 

argument: 


\ Fatwa No.889 (2000) 

1. Fiqhul Aqalliyatil Muslima p.609 

^B^utomfyQazaya Fiqhi^ajvlifasara 

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66 


Jjji Laj dJJ) Jjjj Lw jj (jjU) JJ jjJl 

cjjC'Uall ^jlj^IVu £)l cJjJJjJ 
-lJj*jV>Lua (ji Vjjj 

Did you not turn your vision to those who 
think that they believe in what is revealed to 
you and what has been revealed before you. 

They wish to take their disputes for judgment 
to the taghut (the evil one), and they are 
commanded to disbelieve and reject him. And 
Satan wants to lead them astray, far away 
from the right. 57 

The word taghut mentioned in the verse 
refers to any system of law opposed to the Islamic 
Shariat. Taking the nationality of the non-Muslim 
country indubitably amounts to coming out of the 
Islamic authority and placing oneself under an un- 
Islamic system. This is obviously a serious form of 
deviation from Islam. 58 

^ jAj A .La Jjjjj OlalLj jjC 

"If any one desire a religion other than Islam 
(submission to Allah), never will it be 
accepted of him; and in the Hereafter he will 
be of those who lost (the Eternal Success). 59 

Those who wish to leave the Islamic state, 
Islamic system of law and the Muslim superiority 
and adopt a non-Muslim country to live there, or 
those who are living in un-Islamic lands have been 
denounced by this verse. 


3 The Qur’an: al-Nisa: 60 

58 . Fatawa Muhammad Rashid Raza, vol.15 p.755 

59 . The Qur ’ an: 3:85 


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67 


At another place the Qur'an has put the 
distinction between the believer and disbeliever in 
the following words: 

V lu jaai Lu2 jj V 4Ljj 

-Uulwu I jaLuuj l aa La. ja. ^ 1 jAaj 

"They never, by your Lord, can be the 
believers until they make you judge in all 
disputes between them, then find no 
resistance in their selves against your 
decisions, and accept them with the fullest 
conviction 60 

Explaining the verse quoted above. Imam 

Abu Bakr al-Jassas al-Razi writes: 
"This verse speaks clearly of that the one 
who rejects any command of Allah or of His 
Prophet turns out of the fold of Islam 
regardless of that the rejection is practiced by 
entertaining a doubt about it or is 
intentional. 61 

Dwelling in a non-Muslim country is 
nothing but a sort of intentional running away from 
accepting the Divine commands. 
Such verses too form the argument of this 
group as command the Muslims not to enter into 
friendly and cordial relations with the non-Muslims. 
In this context the following ones have generally 

been quoted: 


The Qur’an: 4: 65 


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68 


JaautfLiSjl ^ 

j o! f4^* (^-* o-*j ,cA*j*Aj' 

jj *tl Utl 

"O those who believe! Take not the Jews and the 
Christians for your friends and protectors: they 
are friend of each other. And he who amongst 
you that turns them (for friendship) is indeed of 
them. Verily Allah guides not the people 

unjust." 62 

o! f-Uij! u^' l$jlb 

(jj^Uall fA dUjli ^$1 jjj (jaj ^(jUuVt d 

"O those who believe! Take not for protectors 
your fathers, and your brothers, if they love 
infidelity above faith. If any of you do so, they 
are the unjust. 63 

Both the above quoted verses lay it bare that 
the friendly relationships with non-Muslims and 
following them constitutes an open wrong and is an 
act of apostasy. Living in a non-Muslim country, 
intentional stay with them, establishing 
relationships with them indeed necessitates the 
obedience to un-Islamic laws prevalent there. Hence 
the stay of Muslims in a non-Muslim country is 

impermissible. 

Beside the verses put above, there are some 
hadiths which too have been used by the adherent to 
this view to strengthen their standpoint. Such are 
the hadith s which express the Prophet's extreme 
disapproval of a Muslim's stay in the midst of non- 
, according to A 0 cA^Mu slims. The Prophet 


1. The Qura’an: 5:51 
The Qur’an: 9^23 


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69 


the phraseology of such hadiths, has completely 
disclaimed such Muslims as are living amidst the 
non-Muslims without legitimate reasons. From 
among such hadiths the following one is relatively 

clearer. 

(joj Jjji Ul 

I disclaim every Muslim dwelling in the midst 
of the polytheist. 64 

The rational argument offered to support 

this standpoint goes as follows: 
Staying in non-Muslim countries obviously 
necessitates the satisfying of all legal and 
constitutional requirements of those countries 
in which many items are opposed to the law 
of Islam. Moreover, a Muslim citizen of a non- 
Muslim country may sometimes be asked to 
offer himself for the military services. As a 
military man, he may have to fight against an 
Islamic country and slay the Muslims hand in 
hand with non-Muslim military men of his 
country. He may encounter other similar 
situations forcing him to run counter the 
ill telecommand of Allah and His Prophet 

. (dej 

Such are the possible dangers which the 
living of a Muslim in a non-Muslim country may 
involve. By choosing a non-Muslim country for his 
living a Muslim is bound to risk his religion and 
faith and thus destroy himself from the religious 
viewpoint. Such are the dangers which are more 


^Tiri^hi, ctopal-^ir, No 1654 


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70 


than sufficient to render it impressible for a Muslim 
to adopt the living of a non-Muslim country. 
Arguments of the Permitters 
The permitters, who include the majority of 
ulama from all schools of Islamic jurisprudence, base 
their viewpoint on such verses of the Holy Qur'an 
as speak of the universality and all-inclusiveness of 
the message of Islam. Few of such ones are as 

follows: 

dy-ill fjs- oj^slA JaJl duijj jillljA 

jlj ? 4i£ 

It is He (Allah) Who has sent His Apostle with 
Guidance and the religion of Truth, to 
proclaim it over all Religions, even though the 
pagans may detest (it). 65 

dLSimjiUj 

We sent you not but as Mercy for all the 
worlds. 66 

V (jjAillji&j (jllj 1 jjijjjjjJjj 4il£V) dUiuij! Laj 

We have not sent you but as universal 
Messenger to men, giving them glad tidings, 
and warning them (against sin), but most 
people understand not. 67 

^A ^Slb Iaj 4 u*i-\\t4ja&j < d)j 4 a*Wb d jj Jjjuj 


\ The Qur’an: 9:33 
2 . TheQur an: 21:107 
1 .T heQur an: 34: 28 


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71 


Invite (all) to the way of your Lord with 
wisdom and beautiful preaching; and argue 
with them in ways that are best. 68 
£>aj Ui S Akll IjfrJl JS 

Say: this is my way: I do invite unto Allah,-on 
evidence clear with the fullest of conviction,~I 
and whoever follows me. Glory to Allah! And 
never I am from the polytheists. 69 

Besides the verses quoted above, indeed 
there exist more ones which establish it beyond any 
doubt that communicating the message of Islam to 
all people of the world, regardless of that in which 
corner of the earth they are living, constitutes the 
functional obligation of the Islamic community. This 
tremendous task requires that the Muslims come 
out of their Muslim homelands, traverse across the 
world and communicate the Final Divine Message 
to all the people and nations living on this earthly 
planet. Should the Muslims remain restricted only 
to their homelands, how they would be able to 
discharge their this functional important duty? 

In the blessed companions of Holy Prophet 
we have the best practical example in if La 

this respect. Sacrificing their rest and comfort and 
bearing untold hardships, they went through the 
world, undertook journeys to non-Muslim 
countries, stayed there and thus communicated the 
message of Islam to the world at large. In this 
respect they completely disregarded all 
geographical following and surmounted the odds 


2 TheQur’ an; 

3 TheQur an . 


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72 


and ordeals. Their effort resulted in that no part of 
the earth remained alien to the message of Islam 
merely because of that they were politically under 
the rule of un-Islam. Had the Companions of the 
kept themselves limited ^j cA^Holy Prophet 

to their own Islamic countries, never would they 
have achieved great success in the field of dawah 
which proved their mark of incomparable 
distinction among all the people. 
Some Juridical Principles 
In addiction to what has been put above 
there are some juridical principles and Ficjh 
doctrines which offer enough guidance in this 
respect. To cite few of them here: 
Change of the time and place and the (1) 
difference taking place in the circumstances shall 
bring change to the command concerned. 70 
The period in which the great Arab ulama had 
denounced the taking of citizenship of non-Muslim 
countries as unlawful had been of the French 
imperialism. Many of the Arab countries, especially 
Tunisia and Algeria were the lands badly affected 
from the sinister French imperialistic ambitions. It 
aimed at intriguing against Islam and Muslims, 
striking at its roots, sowing the seeds of distrust 
among the non-Muslims and weaning the Muslim s 
off Islam and its teachings by supporting the 
movements working for the spread of the religious 
aberrations. Under such abnormal conditions it 
would have been a sign of callousness for a Muslim 
to leave his Muslim country and take the nationality 


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73 


of an enemy country. This was the reason believed 
the decision of the ulama of those times to declare 
the Muslim's migration from his native Muslim 
country to a non-Muslim country as unlawful. But 
today the conditions have completely changed. The 
religious freedom has internationally been accepted 
as a fundamental right. Now, in the changed 
conditions, a Muslim, like other people adhering to 
other religions, can live in any country of the world 
fearlessly following the teachings of Islam and 
fashioning his life according to the tenets of his 
religion. In view of these facts, the age old— fatwa, 
which had outlawed the Muslim's leaving of his 
Muslim country and taking the nationality of non- 
Muslim countries, has lost much of its relevance, 
and now it will, therefore, be unwise to remain 
clinging to it. Instead, the better course of action 
would be to revise it and accommodate it to new 

changes. 

In the event of contradiction between (2) 
advantages and disadvantages, the contrast has 
to be drawn between the two, and it is the 
dominant aspect which attracts the command of 
the Shariat. This being the fundamental principle 
of the Islamic jurisprudence, numerous 
precedences of which lie scattered throughout 
the Qur'an and hadith, the primary sources of the 
teachings of Islam. 

So far as a Muslim's taking of the nationality 
of a non-Muslim country is concerned, the expected 
harms in it are not without sufficiently 
compensative advantages. The expatriate Muslims 


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74 


may establish their religious institutions to 
disseminate the Islamic religious education there. 
Masjids may also be built to worship the One Allah 
there. The Muslims may intermittently invite the 
men of Islamic learning and the workers for the 
cause of dawat. They may also work for the 
promotion of the cause of dawat locally as far as they 
can. By doing so the expatriate Muslims may legally 
redress the harms feared in the event of a Muslim's 
migration to a non-Muslim country. In short, the 
expatriate Muslims are fully able to build an 
environment congenial for the promotion of the 
Islamic values. Practically, in Europe and America, 
by the grace of Allah, there exist uncountable 
practical examples of the Islamic religious 

awareness amongst the expatriate Muslims. 
In addiction to what we have just said, there 
might be some other advantages which the Muslims 
can never exploit unless they live in non-Muslim 
countries as their nationals. To put here only two of 

them. 

Non-Muslim countries, generally speaking, (a) 
bestow upon their citizens complete freedom of 
religion, thought and expression, and grant them 
full economic, political, social and military rights. 
With these rights a citizen is able to not just live a 
honorable life, his these constitutional rights give 
him power to influence the government as well. 

In the present age, most non-Muslim countries, 
particularly the western ones, stand arrayed 
against Islam and the Muslim countries and 
grudge malice towards them. Should there be a 


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75 


considerable number of Muslims in those 
countries as their nationals, it may exert its 
immense influence on those governments and 
change their anti-Islamic thinking. The 
government too shall have to rethink ten times in 
taking decisions against Islam and Muslims and 
will be required to assess the negative effects on 
their own lands in the event of angering their 
own Muslim citizens on those countries' anti- 
Islamic and anti-Muslim decisions. In the 
absence of Muslim nationals in those countries 
the Islamic community will not be able to take on 
this advantage. 

Living in non-Muslim countries, the Muslims by (b) 
their means and resources, may render great 
services to Islam and Muslim, and offer their 
better support to the ulama, workers for dawah 
and other causes for the promotion of Islam, its 
values and teachings. If the advanced and 
developed non-Muslim countries are without 
Muslims there, how the Muslim minorities could 
benefit from the vast resources of those 

countries? 

■U&lj jJI V U(3) 

(2) "A thing without which an obligation (of the 
Shariat ) could not be fulfilled turns out an 
obligation in itself as well." 71 

In other words, if an obligation of the Shariat is 
dependent upon a thing, the securing of that thing 
too assumes the status of the obligation. 


AI - As hhah wa(- N azai r p. 9 [ 


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76 


Communicating the message of the Islam to the 
world at large is the functional obligation of Islamic 
community: and it can not be carried out properly 
unless the voice of Islam reaches out to all the 
inhabitants of the whole earth and they see, with 
their head eyes, the living practical embodiments of 
the teachings of Islam. As far as the communication 
of the Islamic message to the world per se is 
concerned, today it may be done very easily through 
the most advanced means of communication very 
effectively and the same might be true of 
acquainting the people with the noble teachings of 
Islam. But to furnish the non-Muslim world with the 
practical example of the teachings of Islam a 
considerable class of practising Muslims is always 
required to be present in non-Muslim countries so 
as to serve as an ideal of Islamic teachings amidst 
the non-Muslims. The expatriate Muslims, too, shall 
be required to communicate the message of Islam to 
their non-Muslim fellows through their good words, 
best acts, excellent morals and virtuous character. 
For all this the Muslims shall be required to take the 
nationality of important non-Muslim countries and 
become part of their people. It is because of the fact 
that no country in the present world is prepared to 
accord any importance to the world and views of 

the outsiders. 

(4) £ujj 

"Necessities render as permissible what is 
actually impermissible." 


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77 


This is also a very well-known principle of the 
Islamic jurisprudence. Sometimes the Muslims of 
the Muslim country feel obligated to leave their own 
country, owing to some political and religious 
reasons. On the other hands, no Muslim country, 
especially under the present circumstances, is 
prepared to welcome even the Muslim citizens of 
any other country and grant the citizenship and the 
ensuing rights to them without which no person 
could ever be able to live a normal life. 
Contrariwise, there are many non-Muslim countries 
which are always prepared to grant every aspirant 
the citizenship and the rights associated according 
to their specific rules and norms. The migrant 
Muslims find in those non-Muslim countries a 
suffocation-free environment congenial for 
undertaking and even greater constructive works. 
Such factual conditions call for the permission for 
such Muslims to leave their Muslim countries and 
take the citizenship of advanced non-Muslim 
countries which respect and grant the primary 
human rights to all their nationals regardless of their 
social and religious affiliations, even though the 
leaving of a Muslim country for a Muslim in itself is 
not a thing to approve. 
The Preferred Standpoint 
A close study of the discussion put above is 
suggestive of that the opinion held by the majority 
of the ulama is more preferable. The reasons follow: 

(1) All the ulama, whether they are in favor or 
against a Muslim's leaving of his Muslim country 
and taking the nationality of any non-Muslim 


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country, are unanimously agreed to the point 
that establishing hearty ties with non-Muslims or 
taking the nationality of non-Muslim countries 
out of their regard and respect towards them is 
quite unlawful. All the arguments offered by 
those against the impermissibility might be 
interpreted to have the same common reason as a 
shared value behind the impermissibility. 
If the view of impermissibility is admitted at (2) 
its face value, its applicability has to be kept 
limited to the background of the sinister 
imperialism of the past ages when even Muslim's 
entering a non-Muslim imperialistic country was 
considered an act against one's sense of honor, a 
sort of apostacy and an assistance on the 
disbelief. Now that age is part of the history. A 
large number of Muslims is dwelling in those 
countries and leading a religious life there 
according to the tenets and teachings of Islam. 
Great centers and institutions of Islam exist in 
those countries and are actively working in the 
field of Islamic dawat and education. The 
expatriate Muslims offer a maximum support to 
the new converts to Islam in terms of their 
education and religious orientation. The 
expatriate Muslims have adopted those countries 
as their permanent dwelling, binding their best 
expectation with those lands, endowing all their 
best abilities and capabilities to them, and now 
they have no intention to return back to their 
natal countries. Seeing such facts, the view of 


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impermissibility is now out of date and 
impracticable. 

(3) The arguments offered by the adherents to the 
view of impermissibility are by no way 
categorical in terms of their meaning and 
applicability. They might be interpreted 
otherwise. To illustrate: 
(a) The arguments based on the Qur'anic verses 
forbidding the Muslims to establish friendly 
relationships with non-Muslims and offered by 
the supporter of this view mean that taking the 
citizenship of a non-Muslim country amounts to 
intentionally abandoning the supremacy of the 
Islamic code of life may be confuted and 
countered in the following manner: 
"It is not necessary for the Muslim citizens of the 
non-Muslim countries to literally follow such 
laws of their countries as are in conflict with the 
laws of Islam. Instead, they are required to 
acquaint the government with their feelings 
about those laws, and make efforts to persuade 
the men at the helm to modify them to the tune 
of the spirit of Islam. Once such constitutional 
modifications are endorsed by the national law 
making assemblies at federal or state level, the 
Muslims shall be required to make a fuller use of 
such legal flexibilities to avoid any intentional 
opposition of the commands of the Shariat. To 
illustrate this point more, in the most of the 
European countries the prevalent law of 
inheritance is in total opposition to the norms 
and principles of the Islamic Shariat regarding 


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the disposal of inheritance. But the constitutional 
structures of those countries enshrine a clause 
which reads that if the dying person suggested 
some rules of procedure for the disposal of 
his/her inheritance, all the heirs shall be 
required, according to the laws of those 
countries, to distribute the inheritance 
accordingly. Benefiting from this legal provision 
the Muslim deceased may leave a bequest stating 
herim that after his death his inheritance shall 
have to be distributed according to the Islamic 
law of inheritance. Such a bequest from the 
deceased, on one hand, will free him of his 
religious obligation towards his inheritance, and 
on the other hand will put under obligation his 
heirs to dispose of the legacy according to the 
laws of the Shariat. Similarly, in those countries 
the marriage registration is an important legal 
requirement, failing which no marriage is legally 
binding and on the basis of an un-registered 
marriage no legal rights could be proved for 
either party. The Muslims can adjust this by 
solemnizing their marriages according to the 
legal requirements of the Islamic Shariat and then 
getting it registered in compliance with the 
national law. This way the Muslims may be able 
to find solutions to most of their problems they 
face in non-Muslim countries. By no way the 
taking of the nationality and citizenship of non- 
Muslim countries entails a Muslim's risking his 
faith and religion. 


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On the nationals of Muslim countries many non- (b) 
Muslim bestow the legal right to ration the 
nationality of his/her natal Muslim country in 
the event of his/her taking the nationality of 
their nationality. To be more precise, he may 
have a dual nationality and hold two passports. 
This two supports the view of permissibility as a 
Muslim's taking the nationality of a non-Muslim 
country by no way necessitates that he has 
renounced the Islamic law and its system of life. 

(c) Interacting with non-Muslims or having social 
relations with them are not forbidden 
altogether; it is the deep heartily relationship 
which is forbidden for the Muslims to have 
with non-Muslims. For such a deep 
relationship, in most cases, is found to 
damage a Muslim's faith and weaken his 
religious stability. Islam has commanded the 
Muslims to sever all their ties from those non- 
Muslims who are blind enemy to Islam and 
Muslims and harmful for collective interests 
of the Islamic community. As to those non- 
Muslims who love peace and make no 
mischief, Islam never forbids the Muslims to 
have healthy ties with them or entering into 
social and business interact ones with such 
good-natured non-Muslims. The Qur'an has 
explicitly put it in the following words: 

£y* flj ^ ££ ^ I4L V 

-(jJauiLdl u&j (jl jjj (ji jbJ 

Allah forbids you not, with regard to those who 
did not fight you in religion nor drove you out of 


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your homes, from dealing kindly and justify with 
them. Allah loves those who are just. 72 
(d)What is actually required here is to 
differentiate between the deep friendship 
forbidden by the Qur'an with non-Muslims 
and the compliance with the administrative 
laws of non-Muslim countries where the 
Muslims happen to live as their national and 
citizens, particularly those laws which are not 
in conflict with the general norms of the 
Shariat of Islam. They are two distinct things. 

As far as the military service of those countries 
is concerned, the country where one is living as 
its citizen and enjoying all rights and legal 
demands has a fuller right to ask its citizens to 
demand them that they should make themselves 
available for military and defence services when 
the circumstances so call for. In short, such a 
demand by no way could be denounced as 
undue. This is completely in compliance with the 
universally accepted norm that rights and 
privileges are bound to the duties and 

obligations. 

The second important point is that all 
countries do not follow the system of compulsory 
military service; in most countries it is optional and 
has been left to the discretion of the citizens. From 
among the non-Muslim countries the Muslims may 
choose such countries to live in where the military 
services are optional. Even if in the countries where 
the military services are mandatory the Muslims 



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83 


have been left with the option to seek their 
exemption from the defense services, particularly in 

some cases. 

Another point of equal importance is that since 
the freedom of religion has been included in the list 
of the fundamental rights by all the countries of the 
world, all countries make arrangements of religious 
services and appoint the religious guides in army 
and defence sectors to satisfy the religious needs of 
their military personnel. Even the masjids and other 
places of worship for offering the religious rituals 
are built and the arrangements for the primary 
religious education of the military men are made. 

In short, there is no doubt and apprehension in 
the living of a Muslim in non-Muslim countries 
without satisfying solutions. 

By the detail and discussions furnished above I 
mean only to make it plain that staying in non- 
Muslim countries or taking their citizenship is by no 
way a taboo for the Muslims, even if they are the 
nationals of the Muslim countries. The better course, 
nevertheless, will be to stay in their Muslim 
countries and live under the Islamic rule and travel 
to and stay in non-Muslim countries only on 
temporary basis and according to their specific 
needs. But in case there developed such conditions 
and states for a Muslim which render his peaceful 
stay in his natal Muslim country impossible, he may 
permissibly shift to a non-Muslim country and take 
its nationality so that he may lead a life of peace and 
prosperity there. Such a migrant, however, shall be 


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required to take into consideration the following 

things: 

(1) Must always remain axious about his 
religious identity and Islamic existence there, 
thereby to lessen the dangers from the 
religious considerations for his coming 
generations. 

(2) Live a life of honor and dignity. In case the 
life in those countries is disgraceful for him or 
he is not satisfied there about his and his next 
generations' religious well-being, it will be 
impermissible for him to go and stay in such 
countries. 

(3) He should live there as an ambassador and 
representative of Islam and Islamic teachings 
by his morals, acts, solicitude and honesty, 
thereby being able to move his non-Muslim 
neighbours to truth of Islam. 

(4) The abandonment of his natal country and his 
migrating to a non-Muslim country should be 
exploited for good and high moral purposes. 
The Muslim migrant, by his feelings, concepts 
and practices, should prove himself and his 
migration useful and beneficial for his 
owneself, for the Islamic community and for 
his host country, applying all his natural 
capabilities and skills for the purpose. 

(5) The Muslim expatriate is always required to 
protect himself and his dependants from all 
types of intellectual apostacy and moral 


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aberrations and take all possible precautions 
for the purpose. 73 


. For the discussion about the issues concerning the Muslim's stay 
and his taking the nationality of the non-Muslim countries the 
author has heavily drawn upon Fiqhul-Aqallivatil Islamiyah. a work 
by Dr. Sharifa Al-e-Sa’ed. 


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Chapter Three 

Democratic Electoral Process: the Position of 
Shariat 

In the present age billions of Muslims, 
devoid of political sovereignty, are living as 
minorities in a number of non-Muslim countries 
across the globe. This state of affairs has engendered 
a number of problems in the social and political 
sphere of their individual as well as of collective life. 
Of vital importance among them is taking part in 
the electoral process in a democratic country. As it is 
known to all, the democratic countries are ruled and 
governed by the political party winning the 
elections by the vote of the majority of the country's 
electorate and not by a particular group of people, a 
family or the adherents to a particular religion. In 
the electoral process any citizen of the country, apart 
from his/her religion, caste, color and other similar 
associations, is legally eligible to take part as an 
aspirant for a seat in the national or provincial 
assemblies of the country. In other words, this 
peaceful political competition is open for all the 
citizens of the country .Those lagging behind their 
competitors in this age of peaceful competition are 
destined to lose many rights, privileges and 

development. 

Soliciting for a Public Office 

In general conditions soliciting for a position of 
responsibility and power is not compatible with the 
nature and spirit of Islam. Addressing Abdur 


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fVj ^A^Rahman bin Samurah, the Prophet 

said: 

jj& (jA 1 flljh&l £j) dljli ? SjL* VI JouuVS jaui (jj jllJj&b 

jj A\\a HA ^ to .IA 

"O Abdur Rahman bin Samurah! Ask not a 
governing position. If it is given to you without 
your desire and solicitation you shall be assisted in 
it .But, on the other hand, if it is given to you in 
response to your demand, it will be left to you 

alone." 74 

reported the Holy ^ <&' ^jHaz. Abu Hurairah 
to have said:^j bJl L? l^Prophet 
A_a)dj (jjSlu ij *6 jL» VI UJ ^.jvo ^SjI 

A aW A X 1 \ 

Soon you will be coveting positions of 
authority, and soon you will regret it on the 
Day of Judgment. A rich position is indeed 
very pleasing, but equally displeasing it 
becomes when one is weaned off the 
position. 75 

says once he, Abu Musa Ash'ari 

alongwith the two of his cousins, came to the Holy 
. One after the other each one A -^ ^^Prophet 
, jduij AaIc. bil iJ ^of these cousins asked the Prophet 
c^the official positions. In response, the Prophet 
addressed them as follows :<*Vj aJc 
-Aolc. <j-a lja> WlVj <Ulu<l^i Jj»aj|iA ^ jjV <bljbl 


74 . Bukhari,Muslim and Mishkat, Book al-Imarah P. 320 
Recorded by^ikMri, Mishkat P. 320 


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Never we, by Allah, entrust this act to a 
person who solicits for it, nor to a person 
desiring it. 76 

In the Islamic society those men have always 
enjoyed veneration and admiration of the general 
people who kept themselves away from the race of 
the official positions. Towards such men the Prophet 

expressed his admiration in the *>)! 

following words: 

You will find the people of excellent 
character hating this thing (official positions) 
most till they fall in it. 77 

Coming forward to Protect Collective Interests 

Much as the desire for the official positions 
in the structure of a government is to the 
depreciation of the Islamic Shariyat, yet equally true 
being the fact that in order to protect the collective 
interests of the nation and society sometimes the 
men of good character feel themselves obliged to 
come forward and offer their skills and services for 
the purpose. Should they desist from so doing, the 
people of devilish character and morally corrupt 
will eventually grab those positions and, as result, 
the nation as whole shall have to suffer the 
consequences. From the responsibility of the loss 
incurred could hardly evade those who, despite 
possessing reliable ability and competence, kept 
themselves away from the positions under a 


76 . Bukhari,Muslim and Mishkat P.320 
77 .Op. cit. . 


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89 


's & ^jgovernment. In this regard Haz. Ayisha 
observtion should be an eye-opener. 
"Abu Salmah bin Abdur Rahman stated: 

"Some descendants of the Muhajiriin and I 
assembled at a place and wished to have a 
<_y*^jmeeting with Amirul Muminin Mu'avia 
with the intention to intimate him of our 4-k 
economic problems which we were facing. 

Before this it deemed better to us to seek 
advice from Ummul Muminin Haz. Ayisha 
. We told her the tale of our ^ ^jSiddiqa 
economic plight and of the burden of the debt 
we had already incurred. Hearing our tale, 

Haz. Ayisha said: 

"Of what type the people are! They flee from 
their Sultan." "We fear he might entrust 
official positions to us," we reacted. Haz. 

Ayisha's historic observation was: 

>ij y " 

Glory to Allah! If he failed to engage your 
best men, he shall inevitably apply your 
wicked ones." 78 

Example from the Prophet Yusuf 

's exemplary behavior AJc.p r ophet Yusuf 
provides a sound foundation in this regard. The 
Holy Quran mentions it in the following words: 
.fJe, jajAA d>jl tjs- 

place me on the treasuries of the land. I am 
able to keep guard (over them), in possession 
of the knowledge (required). 79 


78 . Ibn Hajar: al-Talkhisul Habir vol.2 p.402 

79 . Yusuf:55 _ 


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90 


Admittedly, sensual pleasure-seeking can 
never be ascribed to be the motivating reason 
behind Yusuf's expression of his desire for that 
higher public office. Yusuf was a Prophet of Allah, 
infallibly sinless the assessment of his noble and 
spotless character in terms of pleasure-seeking will 
constitute a grave sin. Behind his desire for the 
position was nothing other than his solicitude for 
humanity and his sense that he was better able to 
protect the collective interests of the fellow human 
beings. He knew should he come not forward to 
shoulder the responsibility of managing the 
complex affairs of a nation on the brink of a bitter 
and hitherto un-experienced famine, the country 
was destined to suffer the scourge of starvation for 

long time. 

Prophet Yusuf's this practical example has been 
used by most of the men of Islamic jurisprudence as 
a sound base for their inference that a man can offer 
himself for a service which he can ably perform. In 
case there exists nobody to do the same job in the 
required manner, he will stand obliged to accept the 
responsibility and offer himself for the task. From 
the same it could safely be inferred that in times of 
need it will constitute no wrong on his part if a 
person pointed to some of his qualities needed for 
the fulfillment of the task in hand, even if it 
seemingly has implications of self-praise. 80 


80 . Qurtubi: Aahkamul-Qura’an, 9/142, Alusi:Ruhul Ma,ani, vol.13 
P.^^^^^^amul-Qura’an: vol.3 P. 

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91 


Prophet Sulaiman's Example 

The Prophet Sulaiman's noble character also 
furnishes a very good example in this regard .He 
expressed his wish in the form of a prayer from 
Allah in the following words which the Qur'an has 
preserved for ever. 

-ulAjll dul dill ’(j^u HLa ^ <—A uj 

Sulaiman the Prophet asked Allah the greatest 
position ever available for a human being. By this he 
aimed at nothing but to work for the welfare of the 
human beings, to wrest them from the oppression 
and tyrrany of the despot rulers and to establish the 
sovereignty of the law of Allah on the earth. For the 
realization of these noble ends there existed nobody 
in that age more befitting than the Prophet Sulaiman 

himself. 

From this aspect of the Prophet Sulaiman's 
character the Muslim jurisprudents have inferred 
much the same juridical guidance as from that of 

Haz. Yusuf's. 81 

In this regard Shaikh Ibn Qudama Hambali 
has furnished a very good analysis. To cite it here: 
"People are of three types, so being the rulings of the 
Shariat about them: 
The person who is without due competence (1) 
and ability to carry out the task in hand. For 
such a person it will be wrong to assume the 
responsibility of the task. 

The person competently able and morally (2) 
trustable to carry out the task in hand but he 
is not the only on in the field, and there exists 

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92 


| a number of such people as possess the 

| required competence. For such a person 

! accepting the position and responsibility will 

i be permissible and not mandatory as the 

i availability of the competence in a number of 

i persons leaves him undetermined and 

1 unspecified for the position. Imam Ahmad 

[ bin Hambal's words are suggestive of 

| unrecommendability, though permissible and 

| lawful. It is in view of the fear that the 

j position involves multifarious aspects and it 

I is very difficult to maintain a true balance 

! between all rightful people. Some, however, 

i make difference between the needy and the 

i needless. For the competent needy it would 

i be recommendable to assume the position. 

| The person who is ably competent, and is the only 

j one to assume the responsibility. For such a 
| person it would be mandatory to accept the 
J position. To Imam Ahmad, however, it is not 
j mandatory for him to offer himself for the 
| task even in such a condition. 82 

\ Hafiz Ibn Hajar is of the view that accepting 

\ the position of the qazi (judge) constitutes a general 
| obligation (farz kifayah) of the concerned Muslim 

j city. Should all people flee from it, who, then, will 

j serve qaza to dispense justice? Great Companions 
I served as qazis in their blessed ages. During the age 
j of the Caliph Abu Bakr al-Siddiq Haz. Umar bin al- 
i did engage the position of the ^ M ^jKhattab 
i qazi; in the age of Haz. Umar al-Faruq, the Second 

1 82 . Ibn Qurdama: al-Mughni, volt1P-376 ________________ 


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93 


Caliph, the position of qaza was given to 
. Haz. Umar the ^ aM ^jhaz. Abdullah bin Mas'ud 
Caliph issued a strict directive to his governors to 
the effect that the positions of the qaza (judges, 
judicial officers) were to be granted only to the 
people of high moral integrity and excellent 
character. More than one examples of this may be 
found in the age of the Companions. In case there 
exists a number of able people, no particular person 
shall stand obliged to accept the position. In the 
same manner, if a man of learning with deep 
interest in research work fears that the position of 
qaza, or other positions of authority, would affect 
his research and academic activities negatively, such 
a person also is not obliged to accept such position; 
for him the better course would be not to accept 
such positions and dedicate himself to his research 

work. 83 

The same opinion is shared by Ibn Nujaim al- 

Misri, a Hanafi jurisprudent of note. To cite him: 

Soliciting for the positions of authority is 
not always to be regarded as unlawful. It is 
unlawful only when there exists a number of 
the competent persons to engage the positions 
available. In case there is none except he 
alone, it would be mandatory for him to 
accept the position, thereby to protect the 
general interests and save the people from 


JT-Hgjgp FathU BarfjroLUjxl08 


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94 


falling into difficulties and hardships. 84 
What we have furnished above from the 
practice of our pious predecessors establishes it 
beyond doubt that with an intention to protect the 
interests of the common people the demand and 
filing one's nomination for a public office constitutes 
no sin, provided he possesses the required ability 
and in the event of his not coming forward the 
position is feared to fall into bad hands. The better 
course of action for a candidate, however, would be 
not to file his nomination by himself. Others may do 
this on his behalf. This way he would be letting the 
people not to build misconceptions about him. This 
aspect has also been taken into account by some 
Fuqaha. Allaudin Kasani writs: 
"It is not unlawful to grant the office of the 
judge to a person who has asked it and 
expressed his wish for. If a person is equipped 
with the ability required for a position the 
Fuqaha are unanimously agreed that such a 
person may be granted the position of qaza 
and judge. The better course, however, would 
be to trace a person not wishing for and 
demanding it. The demand often becomes a 
cause of distrust about him in the people." 85 
The late Mufti Muhammad Shafi (grand Mufti of 
Pakistan) subscribes to the same opinion. To quote 


84 . Al-Bahrur Raiq, Book of Qaza vol.6 p.459, Fathul Qadir vol.7 
p.244, Fatawa Alamgiri, vol.5 p. 131 al-Mawardi, al-Ahkamul 
Sultaniyah p.75 

85 . Allawuddin Kasani: Badius Sanai, Book 'Adabul-Qazi' vol.5 


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95 


him: 

"If the person soliciting for a position of 
authority is true to his claim of having due 
competence, moral integrity and is offering 
himself for the service of the nation with the 
sole motivation of solicitude, he will be 
regarded right. The better course, however, is 
that he should not forward himself on his 
own; he should be nominated by others 
instead." 86 

How to Oppose the un-Islamic Laws Passed by 
a Secular, Democratic Parliament? 

The legislative assemblies of the secular 
countries, quite obviously, have nothing to do with 
the laws of Islam or the principles of the Islamic 
Shariat. They may enact the legislations which are in 
contravention of the principles of the Islamic 
Shariat. The problem is that all the members of a 
legislative assembly have to take an oath of 
allegiance and loyalty to the constitution of the 

country. 

On the face of it, this seems a perplexing 
question. By taking it deeply, we, however, may 
remove the perplexity. The constitution of the 
secular state to which the legislators have to affirm 
their allegiance is only the primary document on 
which are premised all the legislations enacted by 
the state and federal assemblies. The said primary 
document, principally is not subject to amendments. 
So far as the laws enacted by the legislative 
assemblies are concerned, they may be amended by 


Jawaharul Fiqh, vol.2 p.291 Ed. 1997 


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96 


a two-third majority, and the opposition parties, 
whether belonging to minority or majority groups of 
the country's population, have a full right to express 
their disagreement and opposition to them, even at 
the national assembly level. As far as I think, having 
expressed their disagreement towards the un- 
Islamic laws of the national or provincial assemblies 
so forcefully, the Muslim legislators will absolve 
themselves of the accountability of those laws. 

Accepting Public Offices under the non- 
Muslim Leadership 

As far as I think, the Islamic Shariat is not 
opposed to a Muslim's accepting a position of 
authority or public offices under non-Muslim 
leadership. The base of my viewpoint is discussion 
which the Ulama and Fuqaha have held in connection 
with the accepting of the public offices under non- 
Muslim or a wrong Muslim leadership. In fact, there 
is a number of the Qur'anic verses and the hadiths 
which offer sufficient guidance in this regard. The 
, as we have put it in the 4J &Prophet Yusuf 

preceding lines, asked a position of authority from 
the Egyptian emperor. This establishes it well that a 
Muslim may accept the position of authority under 
non-Muslim leadership. Ibnul Arabi Maliki has 
raised this question with special attention and then 
have come up with a ceremonious answer. 87 
The scholarly Muslim jurisprudents 
have inferred from the example furnished by the 
that under a Malpractice of the Prophet Yusuf 
non-Muslim political leadership official positions 

vol. 

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97 


might be accepted by Muslims. 88 
Apart from the Ysufi example, there is a large 
number of the companions and their immediate 
followers who worked as government officials 
under the wrong and sinful political leaderships. In 
this regard the author of Al-Hidayah has cited the 
example of the judges working under the Mu'avia 
dispensation. The list of the judges who worked 
under Mu'avia includes Haz. Abu Darda, Fuzala bin 
Ubaid, etc. Those companions accepted the office of 
the judge while Amir Mu'avia was up in arms 
against Ali bin Abi Talib, the formally elected caliph 
and Ali's rival Mu'avia was not on the right path. 89 
Even more conspicuous example of this is 
available in government officials who worked under 
Hajjaj bin Yusuf, the notorious killer. In his book, 
Tarikh Al-Wasat, Imam Bukhari cites that Hajjaj bin 
Yusuf appointed Abu Burdah, the son of Haz. Abu 
Musa Ash'ari, a noted Companion of the Prophet 
, as judge and Haz. Saed bin Jubair as & lA- 3 

Abu Burdah's assistant. Thereafter he put Haz. Saed 
bin Jubair to death, and after the span of only six 
months Hajjaj too suffered death and this notorious 
and merciless governor had no chance to put to his 
, ‘^jsword any more person. Saed bin Jubair 
thus, was Hajjaj's last victim 90 . According to Hafiz 
Abu Naem, as he has put in his Tareekh Asbahan, 
Abu Burda was the judge of Asbahan during the 


88 . Zafar Ahmad Thanawi: Illaus Sunan vol. 15 p.54 

89 . Hidayah chap. Qaza vol.3 p.117 
9 °.ZiMeyol ; 2pj03 ___________ 


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98 


Hajjaj regime. Later he removed him. 91 
Ibnul Qattan stated that Abu Muhammad 
Talha bin Abdullah bin Awf engaged the office of 
qaza at Madina Munawwara during the regime of 
the Yzid bin Mu'avia. Needless to say, Talha bin 
Abdullah is a known taabie and narrates from 
Abdullah bin Abbas, Abu Huraira, Haz. Abu Bakr 
,etC. 92 ffrk ill 

When the offices as delicate as of qazq may be 
accepted under sinful and tyrannical regimes, other 
offices of lower importance may be assumed even 
more obviously. There are hadith, which tell us that 
there is a number of the acts and tasks which have 
to be carried out whatever the circumstances and 
whether the Muslim leadership is virtuous or 
wicked. The Islamic community is asked to 
unconditionally obey its leadership in as much as 
the fulfillment of those tasks. Such tasks include the 
obligation of jihad, about which the Holy Prophet 
has said:?L-j 4J& 
j£ 

Jihad will remain a duty on you in company 
of the amir (leader), whether he is virtuous or 
wicked. 93 

^Amr bin Numan reported the Prophet 
to have said: jduij 
- jaUII Ja. jib ,jj .ill <jl 

"Allah shall indeed strengthen this religion 


91 .Zilaie vol.2 p.203 
2 . Loc. Cit. p.203 


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99 


(Islam) with a wicked man 94 
As to the command opposed to the Islamic 
Sharait given by the principle authority, no question 
of following such commands and obeying 
authorities in them. Instead, he shall be required to 
express his disapproval and disavowal towards 
such things. Having done so by expressing one's 
dissent and disliking, one shall stand absolved of 
the responsibility involved, and, as far as I think, it 
is hoped that Allah will forgive the person such 
tried. The following hadith sheds ample light on this 
issue. Haz. Auf bin Malik Ashjai reported the Holy 
as saying: L? l^aProphet 

ojSila <uil sij2 Jlj (j-« Vi 

-AjfrUa ^LLa 

Beware! If a governor is appointed on a 
person then he saw the governor committing 
an act of disobedience to Allah he should 
show his disapproval towards that at of 
disobedience but must not get back from his 
obedience 95 

And 

,(SJi 

VI ,1 jiuaUV I*** a j £y» j 

jSji j Aulaj a j£ I Ijiuala 

There will be governors on you who will do the 
right as well as the wrong deeds. One who 
estranged and disliked (their) wrong deeds will 
absolve himself (of the responsibility), the one who 
disapproved of their such deeds is too attain 


2. Bukhan and Muslim ^ JJJ aus Sunail IOC. Cit. 
1. Reorted by Muslim, Miskat^ Al-Imarah _ 


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100 


deliverance. The burden of their misdeeds shall 
have to be shared by those who liked and pleased 
with such deeds. 

"Do we not fight them"? asked the Prophet his 
companions. "No, as long as they offer prayers," 
96 &\ t^luaanswered the Prophet 

Some words of this hadith are suggestive of that 
the oral disapproval is not necessary, only a 
wholehearted hate is required for their deliverance. 
Towards the end of his caliphate when 
Haz. Uthman lay besieged in his house and the 
Prophet's masjid too lay under the control of the 
mutineers, some —body asked him:" could we offer 
the prayers under the Imamat of the mutineers "? 

The reply of Haz. Uthman was: 

-^bgjfLui) jjLuuil(jjiLtll *iNIJj 

When the behavior of people is good to you, 
be good to them; when their behavior is bad, keep 
away from their mistreatment- 97 

Some Useful Juristic Principles to Solve this 
Problem 

There are some juristic principles which offer 
a sufficient guidance in this regard. To cite them 

here: 
La (1) 

"The thing on which depends the fulfillment (1) 
of an obligation itself becomes an obligation 
as well." 98 


2 _loc.cit. p.319 

Illaus Sunan vol.15 p.51 

2 . Ibn Nujaim Hanafi: al-Ashba wal-Nazair p.91, Ibn Makki al- 
Amily: al-Qawaid wal-Fawaid vol.l p.192: Suyuti, al-Ashba wal- 


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101 


The mode of argument with this juristic 
principle will go as: should the Muslims of the 
democratic countries decide not to take part in the 
electoral process and not to fight the election for the 
provincial and national assemblies' memberships 
fearing that they may fall in sins, and keep 
themselves completely detached from the 
democratic activities, a number of communal 
obligations will remain unfulfilled and unmet, and 
such a situation will be harmful for the Muslims 
beyond measure. To envisage the possible harms, 
and the enormity of such a situation. 
The national and provincial assemblies make 
legislations and pass resolutions in relation to 
national and international affairs. The presence of 
Muslim representatives may stop or at least make 

them, reluctant in passing anti-Islam and anti- 
Muslim resolutions and making laws against the 
tenets of Islam. The absence of Muslim 
representation in national and provincial 
assemblies, on the other hand, is bound to give the 
non-Muslim members a free hand to legislate anti- 
Islam laws. Only a strong Muslim representation 

there could lessen such concerns to a great extent. 

In case there exists no Muslim representation 
in the national and provincial legislative assemblies, 
who, then, will tell the government and the non- 
Muslim legislators the true conditions of Muslims 
and their problems; and who will fight the 
propaganda campaigns intended to harm and 
disrepute Muslims and the teachings of Islam? Who, 

then, will communicate the national and provincial 


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102 


assemblies the needs and requirements and the 
communal problems of Muslims, and how the 
Muslims would be able to avail of the welfare 
programs launched by the state and federal 
governments? All such questions have only one 
answer. That is, the Muslim minority must have its 
strong political representation both in national and 
provincial assemblies. Failing which it can not 
solved its problems or realize its true collective 
interests. Judging the situation through the prism of 
the said juristic principle, taking part in the electoral 
process of their countries and striving to win the 
membership of the national and provincial 
assemblies constitutes an obligation of the Muslim 
minorities living in the democratic countries. 
Second Juristic Principle 
d 'Si 

(2) The bigger evil shall be removed by the lesser 
evil." 

No denial of the fact that the national as well 
as provincial assemblies of un-Islamic democratic 
countries legislate and pass the laws by the majority 
of the legislators. Among such legislations there 
might be such ones as are in conflict with the 
principles of the Islamic Shariat and the Muslim 
members of the legislative assemblies can do 
nothing to stop the assemblies from so doing. But 
this fear could be assuaged by no way even if the 
Muslim minorities decide to keep themselves 


1 IbnNujaimHanafi: al-Ashba wal-Nazak p Suyuti ; a l-C Ashha-Wal-NaZclir 

p.96, Shatibi: al-Muwafaqat, vol.p.41, Mustafa al-Zarqa: Sharhul- 


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103 


completely away from the electoral activism of the 
democratic countries. It is only the Muslim members 
of the legislative assemblies who will be able to 
defend Islam and Muslims in those assemblies by 
dispelling the misgivings and misunderstandings 
found about Muslims and the teachings of Islam in 
common people. Again, it is only the Muslim 
members of the legislative assemblies who might 
raise the voice for the rights of the Muslim minority 
in a secular democratic state and register their 
protest against the bills and legislations conflicting 
the Islamic Shariat. By not taking part in the electoral 
process of the democratic countries, contrariwise, 
the Muslims are bound to lose all such benefits and 
suffer much greater collective detriments. Keeping 
in view all such points, it will never be a wise course 
of action for the Muslim minorities of the 
democratic countries to jeopardize the greater and 
bigger benefits in order to avoid the evils of a lesser 

magnitude. 

Third Juristic Principle 

It is not the means which have to be 
considered, it is the results which are to be 
considered and taken in view instead. 

This principle does not exist as such in the 
juristic literature. This is based on an observation of 
. He directed Huzaifah t^jthe Caliph Umar 

bin Yaman, one out the ten very important 
to ,fUij 4^ (A^Companions of the Holy Prophet 
divorce his newly-wedded Jewish bride. Umar's this 
order was only in view of the far-reaching future 


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104 


consequences, notwithstanding the fact that the 
Qur'an and sunnat clearly permit the Muslims to 
marry the Jew and Christian women. 100 
The following words of Hafiz Ibn Taimiyah 
are very helpful in having a proper understanding 
of the principle under discussion: 
ljjaJLi ajai (JajjlzM Jill (jjj jailj) 

( J>£- lj jail ^ 4jj£ jtlij o' fb»V' 

If the Imam is let to choose the commander 
for the Islamic army from two persons, one of them 
possesses experience and practical knowledge of 
war and military affairs and courage to undertake 
the offensive and take the army forward, but is 
impious, the other one is pious and God-fearing but 
without experience in fighting and military affairs, 
the Imam shall stand obliged to choose the former 
person. It is because of that his impiety is restricted 
to his self while his strength, vigor and experience 
will be of great benefit for the Islamic community as 

whole. 101 

The foregoing observation may also be 

strengthened by the following citation: 

AiiuijlgJj&l Jj 4 jol g iji] V VIJjaj 

Js. jjjj 

(j-a ijjALutall (J 



In some cases it becomes permissible to 
It is never render assistance for an act of sin. 



1 SMbliNomaM.^p^qpgg 

101 ,Ibn Tairmyaju aj-Siyasatus Sh^riy^P5 


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105 


It is because of being that act a sin as such, 
rather because of its being a way and to a 
means for the realization of a preferable good 
This could be permissible only objective, 
when this assistance can lead to good 
outweighing in importance the condition that 
the For example, may emerge otherwise, 
funds are given to the unbelievers to redeem 
the Muslim captives from the captivity of the 
unbeliever enemy (Giving funds to non- 
seems an act of sin as it apparently, Muslims, 
will strengthen them financially, yet this may 
be brooked for the realization of as great a 
good as the redeeming of the Muslim captives 
from the hands of the unbelievers). 102 
To make the point clearer still, the same authority 
has offered yet another example: It will constitute no 
wrong on the part of a person who gave an amount 
of money to a killer for sparing his life. It is because 
of that it is the results and objectives which matter 
and not the means. Spending the funds is nothing 
but a means to an end. 103 
On similar lines, taking part in the elections as 
a candidate is feared to constitute a sin, yet it may 
be brooked as being a means of realization of 
greater communal and collective benefits. For it the 
results and ends which matter and not the ways and 
means. A very well known juristic principle reads 

the same. 


. L& .iwdJLu jVI 


m . Izzud Din Abdus Salam: al-Ahkam vol.l P.87 
2. Op. Cit. p.129 


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106 


The acts are judged by their ends. 104 
Going by this principle, taking part in the 
elections as candidates for the membership of the 
state and federal assemblies does not necessitate the 
sharing of the sins and the acts of disobedience 
which are committed by those assemblies; it is 
rather intended to represent the Muslims in those 
assemblies and fighting for their rights and 
problems. Therefore, it is the end and objectives that 
matter and the incidental events of disobedience can 
do no harm to it. 

It perhaps needs not extra emphasis that the 
collective interests of the Muslim minorities in 
secular democratic countries carry greater 
importance than some individual issues. To achieve 
greater communal interests the lesser things shall 
have to be sacrificed and the material and other 
losses have to be suffered for the purpose, 
is reported to (J La The Prophet 

have proclaimed: 

Feed the hungry and visit and nurse the 
sick. 105 

Imam Abu Yusuf has reported Faruq Azam 

(Umar the caliph) to have proclaimed: 
-i—ijxllSjjja. (j-a LaIum .VtVutit <jV 

Redeeming a Muslim from the captivity of the 
unbelievers is far loving to me than the whole 
Arabian peninsula. 106 


104 al-Ashba wal-Nazair 

1. Bukhari, chap. al-Jihad, section Fikakul AsirN. 3046 


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107 


In view of the extraordinary importance of 
freeing the Muslims from the captivity of the Kuffar, 
all the Fuqaha are unanimously agreed to that doing 
their best for this purpose constitutes an obligation, 
irrespective of that the required funds be taken from 
the Muslim Public Treasury or collected from the 
general Muslims. 107 

Now if the fund-raising authorities from the 
Muslims commit embezzlement or other acts of 
disobedience, the financial support to those 
authorities or the political endeavor for the purpose 
will not be given up. The incidental mistakes and 
aberrations shall have to be overlooked keeping in 
view the greater ends. 108 

Contemporary Standpoint 
Taking into account all such things, a fairly 
good number of the Arab Ulama tends to permit the 
Muslim minorities of the modern secular democratic 
countries to take part in the electoral fight both as 
voters and candidates for the legislative assemblies 
on provision that the candidates are of strong faith 
in Islam, of sound thinking, influential and 
trustworthy, and by their political struggle aim at 
nothing except rendering good service towards the 
Muslim minority and securing its rights in the 
political framework of the secular democratic 


3 . Cf. Ibn Rajb Hambali, 137 Principle N.75, Ibn Qudama: al- 
Mughni vol.8 p.245, Ibn Taimiyah, Majmu’ul-Fatawa vol.29 p.183- 
84, Buhuti: Kasshful-Qana vol.3 p.139, Ramli Nihayatul-Muhtaj 
vol.8 p.101-2, Suyuti: al-Ashba wal-Nazair p.96, Ibn Salman al- 
Katani al-Kaliki:al-Iqdul-Munazzam lil-Hukkam vol.2 p.185-86 
Jzzud Dininn Abdul Sa^mQa^i^l-Abtaimv^Tp.129^^^^ 


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108 


country. 109 


The detail furnished above establishes it 
well that in such an age of growing political unrest, 
moral corruption, ethical decadence and acute 
dearth of the men of high moral considerations it is 
a binding duty of the Muslims of political foresight 
to come forward to render sincere service to the 
Muslim community in countries where they are a 
minority, simultaneously availing of their 
constitutional democratic rights to register their 
protest against the things coming into conflict with 
the norms and principles of the Islamic Shariat. 
Otherwise, the Muslim interests in secular 
democratic countries are doomed to remain in 


constant jeopardy. 


109 . Cf. the al-Azhar monthly, art. by Dr Abdul Karim Zaidan titled: 
al-pcmocratiyawaMusharakatulMuslimfil-Intikhabatp.36-38_ 


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109 


Chapter Four 

Taking Part in Election as Voters: The 
Shariat Position 

In the foregoing chapter we have discussed 
the position of the Shariat on the Muslims taking 
part in the elections as candidates for the national 
and provincial legislative assemblies in the secular 
democratic countries. In the present chapter we 
shall be focusing our attention on another aspect of 
the same problem, that is, taking part in the electoral 
process as voters and electors as the voters too share 
the responsibility of the acts to be done by the 
members and legislators they vote and elect for the 
legislative assemblies. In the first place, the voter is 
required to see if the people who as voter is going to 
invest the reins of political power by the way of 
electing them to be their representatives possess real 
competence in holding the public offices and doing 
justice with their delicate job. It will constitute the 
worst type of sin on the part of the voters by not 
doing justice with their constitutional responsibility 
as electors due to their temporal interests or 
personal grievances. 

In the moral economy of Islam justice is of 
extraordinary import. Proclaiming justice and 
fairness to be nearest to piety and Allah-fearing, the 
Qur'an commands the people of belief to hold fast 
this moral value in the following monumental 

phraseology: 


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110 


O those who believe! Stand out firmly for 
Allah as witness to fair dealing and justice; 
and let not the hatred of others to you make 
you depart from justice. Be just: that is nearest 
to piety and fear Allah. For Allah is aware of 
what you do. 110 
Hafiz Ibn Taimiyah has cited a Prophetic 
saying on the authority of Haz. Umar bin al- 

Khattab: 

(j-aUL-axl! dlj jUluaC. 

<_j^I jlti .(jjiiaj-d! ,jl_kj <uil (jLk J&3 AoAjJajI jA 

If the person (in authority) placed on a group 
of people a man as authority on it in spite of the fact 
that in the group itself exist persons better than the 
one placed, such a person indeed betrayed Allah, 
betrayed His Prophet and betrayed the Believers. 
The incumbent on the authorities, therefore, is to 
select the best one out of the existing ones. 111 

It is order to learn and keep in mind here the 
position of the Shariat on the use of the right to vote, 
the late Mufti Muhammad Shafi (Ex-grand Mufti of 
Pakistan) has sought to determine the right to vote 
in terms of its statuses from the Shariat viewpoint: 
Witness: it is that the voter bears witness to 
the effect that the candidate he is voting for is 
competent, trustworthy, sincere and truthful. Taken 
the voting from this angle, the voting shall be the 
subject to the rules pertaining to bearing witness. 


no . The Qur’an: al-Maidah 8 

.2.1 Wazifatul HukumatUlslamiya p. 12 


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Ill 


Going by the principle of bearing witness, false 
witnessing shall constitute the worst type of guilt. 
Being from the deadly sins, the false witness has 
been counted in line with the shirk . 112 

(1)Recommendation: The next status of voting 
is the recommendation. That is to say, the 
voter makes a recommendation to the election 
commission of the country on the candidate's 
representation in the legislative assemblies. 
Judging the right to vote from this aspect, it 
will essentially be subject to the rules relating 
to making recommendation. In this regard the 
Qur'an reads: 

^Luu (j-aj t (jiL n~\ A^IjLui ^Luu <j-a 

-LuLa IfXut { J&- (jl£j il^la Ji£ 4J <j£j 4 _Luji 

He who recommends and helps a good cause 
is to share a part of it, and he who made a bad 
recommendation to help an evil cause shall 
have to bear a part of its burden. And Allah 
has power over all things. 113 
So far as the good recommendation is concerned, it 
is that it should be made for an able and honest 
person, full of the sense of his responsibility, true to 
the rights of the people. The bad recommendation, 
on the other hand, is to make it in favor of an 
incompetent, morally untrustworthy, sinful and 
tyrant person and helping him, thus, have power 
over the people. Taking the right to vote from the 
angle of recommendation, the voter shall have to 
share the reward of all the acts, whether good or 


| 1 Cf. Bukhari, Muslim, Nailul-Awtar, vol.8 p.565 

i *. The Qur’an: 4:85 

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112 


bad, to be done by the successful candidate one had 

voted for. 

(2) Delegation of authority to represent: The 

third status of voting is delegation of 
authority to the candidate to represent the 
voter in the state and federal assemblies in 
respect of the affairs of the state and the 
people. According to principles of wikalat 
(delegation of authority) all the dispositions 
undertaken by the deligated authority, 
whether the dispositions are good or evil, are 
to be shared by the Principal on an equal 
footing. The voter could not evade the 
responsibility of the acts to be done by the 
successful candidate. 114 

To my opinion the voting may have a yet 
another status. That is, advising and counselling. 

To put it even more vividly, the Election 
Commission of the country—which is invested 
with the authority to select the top official of the 
country and his fellows from among the 
population of the country — seeks advice from the 
people of the country through the electoral 
process giving the right to vote and elect the best 
ones from among the host of the candidates in 
the fray. In response to the election commission's 
advice the voters of the country use their right to 
vote and intimate it secretly with their opinion. 
Taken the voting from this vision, it will be 
subject to the rulings pertaining to seeking and 
giving advice. In the hadiths seeking advice and 


2. Jawaharul-Fiqh vol.2 p.291-93 


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113 


opinion has been proclaimed to be a trust on the 
the cr^jauthority of Abu Hurairah 

to have said: AJc. ^ji-aProphet 

- i«w >i 1 

The advising person is a confidant. 115 
cr^j aM Jabir bin Abdullah 

reported the messenger of Allah to have said: 

(where the The assemblies, the meeting places 
personal and private matters are discussed, views 
are exchanged or the advices are sought and 
given)are the places of trust. 116 
The following verse of the Qura'an enunciates 
the importance of the amanat (trust) in the following 

words: 

-V^ut (J\ o' d 

Allah does command you to render back the 
trusts to those to whom they actually 
belong. 117 

Taken from this view point, the voter while 
voting for the candidates shall be required to 
establish his trustfulness by exercising his right to 
vote with honest consideration and discreetness in 
favor of the comparatively better and morally sound 
candidate. The booth where he has exercised his 
voting right is also a trust which has to be kept 
secret as this too is included in the meeting points. 
Moreover, letting others know one's choice of the 
candidate is feared to cause mischief. From this 


1. Tirmidhi Miskat 

1. Reported by Abu Dawud, Mishkat 

2 The Qura’an. Nisa 58 


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114 


point, too, the assemblies are described to amanat 

(trust). 

In the light of the foregoing discussion the act of 
voting may have four statuses—witness, 
recommendation or intercession, authorization and 
advice. Taking it as bearing witness exercising the 
right to vote will constitute an obligation and one 
shall stand obliged to vote for a good, truthful 
candidate. The Qur'an proclaims that bearing the 
true witness is a bounden duty of the people of 

faith: 

"O those who believe! Stand out firmly for 
Allah as witnesses to justice and fair 
dealing. 118 

Jj\ 1 jjAS j) Lu£> (j£j (jj (jjjjflVIj (jjiiljjj! 

bu Ij-ua j*j jj Ijjli £))j tljl Jx j jt 

-Ijjai. (JjLuu 

"O those who believe! Stand out firmly for 
justice, as witnesses to Allah, even against 
yourselves, or your parents, or your kin, and 
whether it be (against) rich or poor: for Allh 
can best protect both. Follow not your lusts 
(of your hearts), lest you swerve, and if you 
distort (justice) or decline to do justice, verily 
Allah is well-acquainted with all what you do. 

At yet another place the Qur'an commands 
the faithful : 119 


‘ The Qur’an: 5:8 



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115 


Att S Jibuti) I 

And establish the evidence for Allah. 120 
Concealing the true witness has been denounced in 
the following words: 

L«J Akllj ^jj <Gli \ g o*i5j y-aj Vj 

And conceal not the testimony, and whoever 
conceals it his heart is sinful. And Allah 
knows all what you do. 121 

To explain the point in even clearer words, if the 
voter gets sure of one candidate's truthfulness, 
ability and honesty in comparison with all other 
ones in the fray, he will fall under obligation to bear 
testimony to his favor by the use of his vote for him. 
By not doing so, or using his vote in favor of any 
other candidate he will be earning a sin. But if the 
voter continues to be uncertain about a candidate, 
he may hold himself back from bearing testimony 
till he gets certain about a particular candidate. This 
detail is applicable to the voting if it is accorded the 
status of bearing witness. But, by contrast, taken the 
voting as recommendation, authorization, and 
advising, the act of voting in favor of a good 
candidate stands out a desirable act at the most. But 
in view of the consequences emerging out from the 
act of voting and greater communal and national 
advantages and collective interests, the voter is 
required to use his vote to elect the better candidates 
and thus do the good towards his community and 
nation. However, this ruling is not as much strong 


j 120 . The Quran: 65:2 

i *. The Qur’an: 2-283 

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116 


as of being witness; it is only in consideration to its 
ensuing results. 

Summing up the detail furnished above, the 
voting is obligatory only if it is treated as bearing 
witness, irrespective of its ensuing results. The rest 
three statuses of the act of voting may accord it the 
status of desirability at the most. The result, 
however, may increase the weight of its desirability. 
The force of its obligationality or desirability is to be 
decided by taking into account the ensuing results 
and the consequences. All the four statuses, 
nevertheless, have as common rule that taking part 
in democratic electoral process is better and 
commendable to the norms of the Shariat than not 
using one's franchise at all. 

Electoral Candidate: the Standard to be 
Observed 

However, the difference to be considered is 
that the candidates for the legislative assemblies are 
of two types. Some are those who come to the 
electoral arena from the platform of a political party. 
Others are free, without affiliations with a particular 
political party. So far as the free candidates are 
concerned, their personal life, moral condition and 
their vision towards Islam and Muslims are to be 
taken into consideration. The vote shall have to be 
cast in favor of the one of comparatively better 
character in respect of the aspects mentioned. As to 
those coming to the political arena as representative 
of a political party and fight the electoral war, it is 
the political party, its policy on national and 
international affairs, its election manifesto and the 


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117 


ideas and views of its high command that primarily 
matter and shall have to be taken into consideration 
before casting one's vote for or against its candidate. 
It is because of that the success of the candidate in 
fact is the success of the party the candidate is 
representing. The members winning for the national 
and provincial assemblies on the tickets of a political 
party have no their political existence; it is the 
party's manifesto and its political doctrines which 
are, chiefly, taken into account while forming the 
government and never the personal opposition of 
the individual members. The individual member is 
no more than a tool. He is committed to strictly 
adhere to the party's political doctrines and 
principles. The party is never ready to bear the 
existence of a member within its structure who is 
opposed to its political doctrines. In view of this fact 
the Muslims can never be allowed to join any 
political party which holds extreme anti-Muslim 
ideology, nor the general Muslims can be permitted 
to vote for a candidate of such a political party even 
if he is personally a good-natured and Muslim- 
loving or even he is a Muslim. 
Opposed to the candidate of such a party, the 
Muslims shall be required to vote for the candidates 
of a party sticking to moderate ideas and views 
about Islam and Muslims; or lend their electoral 
support to candidates fighting the elections freely 
on their own and possess good moral and better 
ideas even though they are non-Muslims. This may 
be considered by tow ways: 


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118 


1. One way is that the candidate of a political 
party which is prejudiced against Islam 
and Muslims has no existence in the field 
of politics beyond the party line even if the 
candidate is a Muslim. He is committed to 
follow the party line, and represent it 
national and international affairs. 
According to the Fuqaha the deputy and 
representative is subordinate to his client 
and principal in so far as matters 
pertaining to his deputyship. Going by this 
rule, it is the client and the principlal who 
shall be held responsible for all the 
dispositions undertaken by his deputy. 
Applications of this rule may be seen 
throughout the Fiqhi literature in chapters 
titled al - Buyu (Sales), al- Nikah, (marriage), 
Sulh (reconciliation). 

Following is the precise juridical definition of 
Wakalah (delegation of authority): 

4ial£)® ^ 

Wakalah is the act of entrusting a person with 
one's task and placing him at one's place. 122 

2 The other way of considering this point is 
what the Fuqaha have furnished under the 
law of granting peace to the people 
belonging to the territory of war, or the 
territory of the enemy at war . According to 
the Hanafi viewpoint the peace granted by 
a slave under interdiction to the people 
belonging to dar al-Harb (territory of the 


Durr Mukhtar. chap \| WakaUlh V()l. 2 p. 10 3 


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119 


enemy at war with the territory of Islam) 
shall carry no legal bearing, even if the 
slave is in Darul-Islam after embracing 
Islam. However, his peace-granting would 
have full legal effect if he has got his 
freedom and has adopted the Darul-Islam 
to settle in. So because of that his adopting 
the territory of Islam as his home in spite 
of his being in possession of both means 
and might to leave the Darul-Islam and 
move to his natal homeland apparently 
establishes his love and solicitude towards 
Islam and Muslims even if he is not 
actually so and has adopted this imposture 
only to deceive the Muslims and work for 
the unbelievers as a spy of theirs in the 
Darul-Islam. As a matter of principle, the 
Shariat takes into notice the things at their 
face value unless established otherwise. 
Contrariwise, peace granted to a harbi 
(person belonging to the Enemy Territory) 
by a slave under interdiction who 
happened to accept Islam in the state of 
slavery carries no legal effect. For the 
condition of such a slave is apparently 
doubtful as he is racially and religiously 
associated with the Enemy Territory. It 
therefore will be a sheer folly to expect that 
he will give preference to the interests of 
Islam and Muslims to those of his own 
people and country. His accepting Islam 
would have been a motivating factor to 


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120 


make him prefer the interests of Islam and 
Muslims against his natal home, the 
Enemy Territory. But his accepting Islam 
under the state of slavery and interdiction 
can not be treated like that of embracing 
Islam freely at one's own instance. The 
probability that the slave pretends to be a 
Muslim only to secure his interests can not 
be excluded; it may be as true as his being 
sincere and solicitous to Islam and 
Muslims. His grant of peace, to the enemy 
of the Darul-Harb shall carry no legal effect 
as his character is far from being doubtless. 
The same point has been expressed by 
Qazi Abu Zaid Dabusi in the following 
words: 

JjxS! £} <U£ill 4 ajj ^LubSjjaj ^ 

jLua2 jjjjA i_jjaIIjIJ ^ 6jjuj&j 4jI4J 

Jjllalj (Jjfrt 4iV JjJC’jlU life ^jLVj jlltS 

( jlC’ 4jjJfl £a UjU ^ j ? 4i G- ^ J-all-lJ Calljj 

Jjluufl JjS jli. cjxijjljii ljjaHjIj 

Qjiijj 4J Jjfl (jjAlutdl AjlHa jj jj 4J*I yls- 4-*5tuilj 

La JjWi ^Iaj ol jSVIj aJV JjIulj V 

.4j1c. a j£i 

The peace granted to a harbi by a slave under 
interdiction is not legally effective according 
to Imam Abu Hanifa. So because he is under 
suspicion of disloyalty towards Islam and 
Muslims, as being the case with the dhimmi (a 
non-Muslim of the Enemy Territory who lives 
in Darul Islam under the State protection). 


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121 


The source of suspicion being that the slave 
has his relation and family in the Territory of 
Enemy and he, in all probability, shall give 
preference to the interests of his relation and 
family to those of the Muslim. In fact his case 
is more like of the dhimmi . But he will be 
above suspicion if he embraced Islam after 
gaining his freedom. For he is now free, no 
longer under the control and servitude of his 
master, and his staying with us despite being 
in possession of the means and might to move 
to his natal homeland, the Territory of Enemy 
removes suspicion from him. Here one may 
argue that his being Muslim shall make him 
prefer the Muslim interests to those of non- 
Muslims. The answer is that slave's Islam can 
not be the basis for such a good estimation of 
his faith as he is compelled to do so, and the 
compulsion prevents the realization of the 
thing against which the compulsion has been 
exercised. 123 

Although for the Muslim candidates of the political 
parties the terminological use of interdiction is 
hardly in terms with the relative norms of the 
Shariat, yet the strict nature of their commitment 
towards the party ideology, which they invariably 
have to maintain under the majority pressure, 
weakens their inner Islamic feelings so much that 
they are rendered almost impotent to do any good 
for their Muslim community. They stand compelled 
to hold their party line and its interests dearer to 


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122 


those of Islam and Muslims there arises a 
contradiction between the two. The good moral of 
the candidate and his personal nobility could hardly 
dissociate him from the party's ideological 
foundations. Granted a strong Muslim or a good 
natured candidate is able to exercise influence over 
the party due to his powerful personality he too is 
not above suspicion, and apparently his voluntary 
joining the party strengthens the suspicion; and 
according to Imam Abu Hanifa, as has been put 
above, being a person's under suspicion of having 
relationship with a party having rancorous 
belligerent attitude towards Islam and Muslims is 
treated as reality which can not be removed by 
candidate's personal nobility and individual good 

character. 

The detail put above makes it plain that while 
deciding upon the voting for or against a candidate 
it is his political party whose ideology and attitude 
towards Islam and Muslims has to be primarily 
taken into consideration. The personal virtues and 
good character of candidate is only a secondary 
consideration. 


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123 


Chapter Five 

Islamic Principles of forming political 
Alignment with Political Parties 

As the political elections draw near, different 
political parties, driven by their own specific 
interests, embark upon forging alignments with 
other rival political parties and entering into pacts 
with each other so that they might win the elections 
in a better way. With a view to secure and guard the 
Muslim milli interests and the collective benefits of 
the Ummah in a democratic country, a Muslim party 
or group, political or otherwise, may be permitted to 
enter into agreements and forge alliances with them, 
even if those non-Muslim parties hold hard line 
ideologies and begot philosophies. The only 
condition is that the alignment should not be 
harmful to the identity and distinct character of the 
Muslims, their political identity, Muslim national 
dignity and self-respect, and the other party is 
prepared to expunge from its manifesto the hard¬ 
line ideas and bigot views that are opposed to the 
real interests of Muslims; and is ready to contest the 
elections on common foundations. On similar lines, 
the Muslims may lend their political support to a 
political alignment forged between a secular party 
holding relatively moderate views towards Muslims 
and their religious as well as temporal interests and 
the extremist non-Muslim political parties on 
common bases on condition that the latter is ready 
to relinquish its destructive and anti-Muslim 


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124 


ideology. A Muslim too may contest elections under 
the banner of such an alignment. 
Such an alignment could be forged out only 
when there exists no Muslim or moderately secular 
political party on the political scene and this 
alignment is not supportive of the non-Muslim 
hard-line political parties. For such an alignment the 
following Qur'anic verse provides a sufficient base. 
j&IVIJjuV (jl Ulu f l^ui lj Jfcib Ja 

(jjJ (j^LbjILuMU lluaxj 

(64u'j^ Jl) 

'Say: "O People of the Book! Come to 
common terms as between us and you; that 
we worship none but Allah; that we associate 
no partner with Him; that we erect not, from 
among ourselves. Lords and Patrons other 
than Allah: 
(al-Qur'an 3:64) 

The verse quoted above invites the Jews and the 
Christians to come to terms with Muslims on terms 
common between the Muslims and the Jews. The 
invitation has been extended to the Jews Christians 
in spite of the fact that the Jews happen to be the 
strongest in enmity to Muslims and Islam. This is a 
fact which not just is provably the history of the past 
as well as of the present, but is proclaimed by the 
Qur'an as well. The following verse has established 
this as a permanent fact. 

( 82 '^') 


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125 


"Strongest among men in enmity to the 
believers will you find the Jews and the 
polytheists" 
(al-Qur'an:5:82) 

From this verse it can safely be gathered that 
Muslims may be permitted to forge alliances even 
with hard-line non Muslim groups under the 
conditions when their national and religious 
interests are threatened and they are left with no 
option other than so doing. But such alliances must 
.be based on the common terms 
Examples of political alliances with non- 
(^aMuslim during the age of Holy Prophet 

^lui j <ulc- 

We find practical examples of political and 
strategic alliances in the blessed age of the Holy 
which he had to enter into <_^Prophet 

under diverse conditions. To mention here three of 

them: 

1. The Madina pact 

Historically, the first pact the Holy Prophet 
concluded after his hijrah is the 
one which he made with the Jews of Madina. 

The constitution committed to writing for the 
execution of this pact mentions clearly the 
most terms reached at by both the parties. The 
complete text of the agreement could be seen 
in the Tareakh-al-Kamil, al-Bidayah wal-Nihayah, 

Seerah Ibn hisham, etc. We are going to 
mention here only some common terms on 
which the agreement was permised. 


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126 


i ^i(i) 

1 The Jews are as much a separate people as are 

t the Muslims. 

(1) 

| oMt> ljjIa *j; £)}j (2) 


| The Muslims and the Jews shall stand 

| committed to fight the one infringing upon 

this agreement. 

(2) 

! .fjyi <jb (3) 


i They shall be committed to be solicitous and 

i sincere towards each other; and the virtue 

i rather than the wickedness, shall be the base 

of their mutual relationship. 

(3) 

! u!j (4) 


| The support shall be lent only to the wronged 

(4) 

i ljjjj <> jlj (5) 


They will unitedly fight the enemy attacking 
Yathrib. 

(5) 

S AjjaJLhdJ 4jli A, ~j‘<ahj AjjaJLudJ ^lua J |j 

; ^£- 4jli tiljj Jla t ~J‘ tffhj 

| ^ ljjIa £>4 vt 

b (6) 

Should the Jews are ever invited to a treaty to 
| conclude and enter into (with a people), they 

| may do so; and if they are invited to a similar 

one, the Muslims, too, shall stand committed 

(6) 


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127 


to follow it, but not if the treaty is concluded 
on terms opposed to Islam. 

In this alliance the Muslims, under the Holy 
held a superior <&' cj^Prophet 

position, and in the event of any disagreement 
between the parties of the Alliance the final 
authority was declared to be with Allah and 
. Although this ^ cy^His Messenger 
alliance was concluded during the Madani 
period, which indisputably is the period of 
the Muslim ascendancy, still from it we may 
infer the legality and permissibility of forging 
political alliances with non-Muslims on 
common human terms. 

2. Hilful Fudhul 

The Hilful Fudhul was an inter-tribal alliance, 
formed in Makkah just twenty years earlier than the 
. The jdwj L? i^aadvent of the Holy Prophet 

, then only twenty years old, ajjI ^yi^Prophet 

took part in it with enthusiasm and consciousness. 
In the perspective of a particular event the Hilful 
Fudhul was concluded between the clans of Banu 
Hashim, Zuhra, Tern bin Murrah, etc, on common 
bases such as maintenance of peace, human 
sympathy, support for the oppressed, fighting 
against the wrong-doers, and soon. For a detailed 
account of the clans of the alliance the references 
like al -Bidayah wal-Nihayah (vol. 2 p.291), Ahkamul 
Qur'an (of Imam al-Qurtubi) vol.6 p.33), etc. may be 

consulted. 


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128 


With regard to this alliance of carnal 
importance for us is the following saying of the 
Prophet which is reported by Haz. Talha bin 
Abdullah bin Auf: 

^jul) j-4^ 4 j J (ji UK (jlc-Oa. (jj a^IXiC- jlJ ^ Cj^ui 

"I witnessed at the house of Abdullah bin 
Jadan an alliance which was dearer to me 
than the red (precious) camels. Should I 
am ever called to such an alliance now in 
the days of Islam, I shall readily 
respond. 124 

This alliance preceded the advent of the 
Prophet of Islam by twenty years, and quite 
obviously, no participant tribe happened to be 
took part in it xs' (/^Muslim. The Prophet 

with his full consciousness. There was no question 
of superiority for any participant clan. Of such an 
c? Kaagreement the holy Prophet 
expressed his deep admiration and his preparedness 
to accept such an alliance even in the days of Islam 
when all things were set right. 

From this hadith we may safely infer that in 
order to achieve its communal and religious 
interests, particularly in the countries where the 
Muslims live as minority, the Muslim community 
may form alliances with non-Muslim communities 
and groups on such common terms as are not in 
opposition to the principles of the Islamic Shariat. 


124 . Baihaqi vol. 6 p. 3^ prin^ Bierut, L ubnan 

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129 


The Renewal of the Khuza'ah Treaty 3. 

A similar treaty took place during the pagan 
age between Banu Abdul Muttalib and the Khuza'ah 
clan. In the Islamic literature the said treaty is 
known as the Khuza'ah Treaty, and the history of 
Tabri and other authentic books provide a detailed 
account of it. This treaty was based on mutual 
cooperation, love, peace and solicitude towards each 
other. The most significant clause of the treaty, 
however, was the following: 
,'** * (j-aj a-iijj £j)j 

{ J& , 

,(-i3Ua JS AxjIj (jjxj 
^ A (jaj aoljj >— 

j' 

(According to this treaty) Abdul Muttalib, his 
sons and all those with him and the people of 
Khza'ah all stand equally committed to support each 
other on equal terms. Abdul Muttalib shall be 
committed to help Khuza'ah against all the Arabs if 
the Khuza'ah ever stand in need to. The Khuza'ah, 
likewise, shall stand committed to help Abdul 
Muttalib, his sons and all those with him against all 
Arabs; apart from that the enemy happens to be in 
the east, west, in the hard land or in the soft land. 

And make Allah the witness on it." 

This treaty was known to the Holy 
Prophet 

On the eve of the Treaty of 
Hudaibiah the people of Khuza'ah approached the 
and submitted a copy of this A -^ £ - A\ Lf i^Prophet 


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read 4je ^jtreaty to him. Haz. Ubai bin Ka'ab 
out the contents of it. Heard the contents, the 
said: your this pact shall be ajjI Lf l^Prophet 

upheld; Islam does not abrogate the pacts and 
treaties of the of the pagan days." Then the Prophet 
renewed this pact of the pagan past 

and added to its contents the following clause: 

qLajIIxa jiSi nl ailj ? LdUa (jjau V <jt J 

"The wrong-doer shall in no case be helped; it 
is the wronged who shall be helped." 125 
So far as the said pact is concerned, it as such 
holds little importance; during pagan days making 
alliances was a common practice. The important 
jduij a>)I (^iuapoint, however, is that the Prophet 
upheld this alliance which was premised on the 
noble human traits like mutual help and love to 
each other on the grounds of sincerity and 
, 4il t^k-asolicitude. Ratified by the Prophet 

this alliance became part of the Shariat 
Entering into Military Alliances with 
non-Muslims 

LT^On more occasions than one the Prophet 
entered into military alliances with non-^Vs 4 j1c. 
Muslims. He secured military support from Banu 
Qainuqa, also a Jewish clan of Madina, against the 
Banu Quraizah, a Jewish clan hostile to Islam and 
Muslims. In the expedition of Hunain and Taif 
Safwan bin Ummayyah took part in the actual war, 
notwithstanding that he thus far was out of the fold 
of Islam. Still, no denial of the fact that on several 


125 . Tareekhe Tabri P.1084, al-Yaqubi vol. l.p.278 with 
referencejo ah Watl^ p.37 

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131 


declared it fVj ^^occasions the Prophet 

impermissible to seek military support from the 

polytheists. 126 

In the light of the Prophet's two different 
behaviors and directions, the Fuqaha have arrived at 
the conclusion that any military alliance with non- 
Muslim groups is subject to the following 

conditions: 

• The Muslims must hold a superior 
position in the alliance. 

• The alliance must not include the 
exchange of sensitive military secrets of 
the Muslim military forces. 

• Such cooperation is not apparently 
against the Muslim communal 
expediencies. 

• The Muslims fear no boasting on the non- 
Muslims of their supporting the Muslims 
and making alliance with them. 

• The Muslims feel not proud of their 
alliance with non-Muslims; instead, they 
must repose their total trust in Allah 
alone. 

• The Muslims stand really constrained to 
make such an alliance with non-Muslims. 

If such conditions are properly met, the 
Muslims may permissibly forge a military alliance 
with non-Muslims according to the Hanfi, Shafie 


m . Nailul-Awtar, vol.7 p.127 with reference to Ahmad, Mus li m 


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132 


and Hambali viewpoints. 127 In the present age the 
political elections form a sort of war and fighting. 
With the intention to keep the hard-liner and bigot 
political groups out of the reins of power, or to force 
them to shift from their anti-Muslim hard-line 
ideologies, if the Muslim political groups feel it 
expedient to enter into electoral alliances with the 
clean image secular political groups, they may do so 
provided that they consider the above-mentioned 
conditions well. 


127 . Sharah al-Siyar 3/186, Raddul Muhtar6/242, Kitab-al- 
Umm. 4/89-90 


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133 


Section 2 

Lending Support to a non-Muslim 
Political Party 

As far as the supporting of a non-Muslim 
political party by Muslims is concerned, the 
Muslims may really face a dilemma when they are 
without a political party of their own to fight the 
elections on the strength of its own and therefore is 
obliged to seek the political support of non-Muslim 
political groups on the basis of complete equality, 
and in the political arena there exist only the non- 
Muslim political parties and the Muslims have no 
options other than aligning themselves with either 
one out of the non-Muslim parties in exchange of 
that the party is prepared to allot some seats for 
Muslims to fight election from its platform and 
reach the national assembly as its representative. Or, 
the Muslims do have their own political party but it 
is not recognized by non-Muslim parties as a strong 
one and they are prepared to accept the Muslim 
political party only as a weaker group, with no 
considerable political weight in the substantial 
policy matters. Under no conditions put above the 
stipulation of the Muslim superiority is satisfied. In 
such countries like India the Muslims often face 
such situations and they, for the most part, have to 
enter into the political alliances of the type. Barring 
only a few ones, the Muslims have no mentionable 
political party to enter the arena of political war on 
the strength of its own. Much as the Fiqhi literature 
offers no categorical solution to the problems of this 


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134 


nature, still we are able to seek guidance in this 
regard from some events of the Holy Prophet's age 
as well as from some juristic statements as well. 
Zubair b. Awwam's visit to the Battle¬ 
field of the Nugus and the Invader 

During the Muslim migrating group's stay 
in Ethiopia the country was invaded by an enemy of 
the Nugas. Deeply concerned, the Nagus came out to 
face the enemy. The Muslim migrants, who had 
sought asylum in Ethiopia under Nagus from the 
inhuman torture of the pagan Quraish of Makkah, 
were extremely anxious taking in mind their safety 
and security and fearing their possible deprival of 
the measure and amount of the religious freedom, 
they enjoyed under the Nagus. Haz. Umme Salma 
, still the wife of Haz. Abu Salma, and aiil 
who later came under the wedlock of the Holy 
and thus rightly secured the fVj (.^Prophet 

everlasting title of the Mother of the Faithful, 
expressed the Muslim's position under that critical 
situation in the following words: 
j aUjAi <jj^. dui) (jl£ JaSljj^LLdc. La 
ci j*j V ;CJ JuLai]l ( jlC’ dllj j$iaj 

,4_L» ci jju (jl£ La L&a. 

By Allah, never before we had to face such a 
disheartening situation as we had to do (when 
Ethiopia under the Nagus was faced with the 
threat of invasion). In the event of the 
invader's triumph over the Nagus we feared 
his behavior towards us might not be as good 
as we enjoyed under the Nagus. 


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135 


To keep themselves aware of the developments 
taking place in the battle-ground, the Muslims 
decided to send a person of theirs as their 
Zubair bin al-Awwam, the representative. Haz. 
youngest in the migrant band, got ready to go to the 
battle-ground. Having crossed the river Nile by 
swimming, he approached there. The rest of the 
Muslims engaged themselves in prayer, asking 
Allah Ta'ala for the victorious return of the Nagus 
from the battle-ground. To the unbounded 
happiness of the Muslim migrants, the Nagus 
defeated the enemy and repulsed the invasion. This 
way the Muslims' expression of their sympathy of 
towards the Nagus added a lot to the respect and 


reverence they enjoyed with hi m . 128 


Although the said event has reliably been 
transmitted to us, yet some men of knowledge 
interpret it that Haz. Zubair's visit to the battle 
ground was not meant to take part in the actual war; 
it was meant only to keep themselves aware of the 
developments taking place in the battle-ground. 
According to these men of Islamic learning, Haz. 
Zubair's doing can not serve as a basis for the 
permissibility of Muslims' to take part in the actual 
war between the two unbelieving armies, siding 
themselves with either one of them. Each of the 
unbelieving armies is the group of Devil; and under 
no set of circumstances the Muslims are permitted 
to lend their support to any group of the Devil. 
More over, we have no categorical knowledge of the 
Prophet's reaction to the doing of Zubair. We, 


128 " ."" . 1 1 Nih ayh 3/87 



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136 


likewise, can not exclude the possibility of the 
Nagus's turning Muslim before the event under 
discussion took place. Talking into account such 
points as put above, it would be unjust to use the 
of permissibility doing of Haz. Zubair as a basis for 
fighting under the banner of disbelief . 129 

Correct Nature of Argumentation with 
the Ethiopian Event 

Apart from the comments on the mentioned 
Ethiopian event proving it as unfit to serve as an 
example for the Muslims' lending their support to 
non-Muslims, the event needs to be pondered over 
from a different angle. The following points need to 

be considered: 

(a) Haz. Zubair's doing added very much to 
the respect he already enjoyed in the eye of 
the Nagus. Now if his visit to the battlefield 
was meant only to keep himself aware of 
the vicissitudes and developments taking 
place there, and he took no part in the 
actual war, then what thing the Nagus did 
realize in the doing of Haz. Zubair which 
made him appreciate and acknowledge his 
doing so greatly? 

Maintaining that he did not take part in the 
actual war, what seems probably certain is that in 
the battleground Haz. Zubair must have done some 
thing which the Nagus appreciably noticed and 


129 . Imam Muhammd: al-Siyarul Kabir 3/187 with reference to Ilaa 

us Sunan 13/60,61 


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137 


which added more to the respect of Zubair and 
Muslims in the eye of Nagus. Zubair 7 s stay in the 
battleground mere as a spectator is not such a thing 
which may make one more respectable with a 
person of the majestic position. 
As regards Haz. Zubair 7 s visit to the (b) 
battleground to gather the correct knowledge 
of the developments taking place there, it may 
be regarded useful only with respect to 
Muslims. By the general people such a visitor 
must have been considered a military 
representative of either one battling group. It 
is therefore safe to maintain that Haz. Zubair 
conducted himself in the battlefield in such a 
way as made the Nagus appreciably feel his 
presence there, and he got more convinced 
about the Muslims 7 faithfulness towards him. 
Anyway, from the expedient maneuvers Haz. 
Zubair undertook in Ethiopia we may draw 
important lessons to deal with the situations 
we are faced with in modern times. 
Taking part in war does not necessarily mean (c) 
the taking part in the act of fighting. The 
order of arrays in the battle-field is to be 
necessarily considered, for sometimes the 
total army is not used to take the war to a 
decisive turn. Haz. Zubair 7 s presence in the 
battle-field may be regarded as an act of 
encouraging the battlers of the Nagus, 
although he took no part in the actual 
is L? l«afighting. The Holy Prophet 

reported to have said: 


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138 


£* d* C>J ^ (> 

"The person augmenting the number of a people, 
he shall be regarded from among them; and if a 
person liked an act of a people shall be regarded 
a sharer of the act." 130 

It needs not mention that in the war the 
numerical majority occupies great importance 
and is an effective weapon to terrify the enemy. 
The battle of Badr offers a very conspicuous 
instance in this regard. 

(d)For the Muslim migrants in Ethiopia the 
problem was not merely of taking part in war 
as a proof of their loyalty towards the 
sovereign of the State of Ethiopia, they faced 
the question of their very existence there as 
the followers of Islam for the safety of which 
they had to abandon their homes and town. 
Indeed it was the very question which had 
put the Muslims at extreme unease for a 
while. The same was the question which had 
prompted them to send Haz. Zubair as their 
representative to the battleground, who 
reached there having crossed the Nile by 
swimming. In the event of the defeat of the 
Nagus the migrant band of Muslims 
envisaged great threat for their existence in 
Ethiopia as Muslims. For the same reason 
they knelt down in prostration before the 
Almighty Allah. This establishes the rule that 
if the Muslims are faced with the question of 


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139 


their religious identity under a secular or 
communal State may offer their military 
services to the defence of the State against a 
foreign invasion, thereby to save themselves 
and their existence in the country as a 
religious entity. This shall be applicable only 
when such an offer on the part of the Muslims 
is welcomed by the state and Muslims' 
military services are believed to satisfy the 
demand of the state. The Fuqaha, too, permit 
the Muslims to adopt such a course of action 
notwithstanding the supremacy of the 
disbelief, if they are so asked to assure their 
loyalty to the State. From the following 
expression of Imam Muhammad's Shark al 
Siyar, although it is about Muslim captives 
under disbelievers, we may deduct such a 
solution. 

LjjaJl Ja! Jli jJ j 

( _ J xiL jd <jl ffuiji 

jLLLj Jjlldlj JlaUl-lA ^ (jV ajDUij (j\ 

qC- jiJlji jclOuafl ^ 

«ddj) jli 

— Jjilljdu (jVI fAjluiL ,jL 

oi t-jjA j&i i yjt 

jjibLua ^ 9 "LLja. t-ubaVlbj ^SUxui 

- <j£ (jjsidj <jL joibili 

"In case the People of Harlo ask the Muslims 
under their captivity to take part in war with 
them against their polytheist enemy and Muslim 
captives are not otherwise threatened of their 
life, it will not be permissible for them to side 


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140 


with their captor disbelievers against their 
polytheist enemy, for in either case it will involve 
the ascendancy of the disbelief and paganism. 
Taking part in war and fighting amounts to 
endangering one's life. The life can never be 
endangered unless the defense of Islam or the 
defense of the self is involved. However, if the 
Muslim captives have a serious threat from the 
pagans of other side, they may take part in war 
(siding themselves with their captor 
disbelievers), for now this war in fact is for their 
self-defense. If the People of the Harb ask their 
Muslim captives to take part in war from their side 
and promise the grant of freedom to them, the 
Muslim captives may take part in war with them if 
they feel sure of their promise. This would be a war 
in the hope of their defense". 131 
Going by this principle, the Muslim minorities of the 
countries where they stand unable to take part in the 
political warfare through the electoral channel on the 
strength of their own and their support to a 
comparatively less hard-liner political party in the 
electoral fray is expected to yield religious and 
communal advantages which otherwise could hardly be 
secured, or the Muslims' non-cooperation with a secular 
political party in the electoral process is feared to level 
the ground for a hard-liner anti-Muslim group to grab 
the reins of power in the country's political system, or 
the Muslims 1 refusal to take part in the country's 
political process is feared to be seen as a sign of 
disloyalty towards the national interests of the land,— 
under all such conditions the problem remains not 


131 . Sharhul Siyar al-Kabir 3/241-43. 


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141 


limited only to take or not to take part in the electoral 
process of the land! It now will assume an importance 
greater still, becoming a problem directly connected to 
their religious and communal existence and identity in 

that country. 

Seen in the light of the principle put above, 
the event of Ethiopia under discussion needs no 
interpretation like whether the event was brought to 
or (/i^the notice of the Holy Prophet 

not. First because of the juridical principle that 
the inference of the Companions (not objected to 
) holds good, aw' cjMby the Prophet 

, the aw' ^jSecond, Haz. Umme Salma 
narrator of the event, and who later came in the 
, is not jduij a>)I (.^wedlock of the Prophet 
supposed to forget to tell this important event to 
. But she did ajiI Holy Prophet 

report neither reaction of his to it taking place 
during the Muslim migrants' stay in Ethiopia. As 
a matter of rule, the Prophet's silence is arguably 
a proof of the validity of the doing of Haz. 

jdc-i ^IjZubair in Ethiopia 

Combat Between Romans and Persians and the 
Muslims' Reaction to it 

During the Makkan period of Islam both the 
Romans and the Persians were the adherents to un- 
Islam, and for decades they remained extremely 
hostile to each other. The victory of the Persian 
polytheists over the Christian Romans naturally 
saddened the monotheist Muslims. When the 
Qur'an foretold the victory of the Romans over the 
Persians within the course of a few years of the near 
future, it naturally sent a wave of happiness in the 


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142 


Muslims. The Muslims were so sure of the Qur'an's 
prediction in this regard as Haz. Abu Bakr the 
Truthful bet Ubai bin Khalf on the victory of the 
AjIc. M (jluaRomans against the Persians. The Prophet 
himself gave him expedient advices in this 
connection. The Romans scored a decisive victory 
against the polytheist Persians exactly according to 
the prediction of the Qur'an. The Muslims received 
this gladdening news while they were in Madinah 
's and the fVj I Lf l^aafter hijrah, and the Prophet 
Muslims' joy new no bounds. 132 
(For further detail the commentaries on the 

Qur'an may be consulted.) 
Justifying the joyful reaction of the Prophet 
and of the Muslims' over the victory Xil 

of the Christian Romans against the polytheist 
Persians, Ibn Taimiyah writes: 

4-ilC" <ull (jl£ JSj 

CH -<j' ^S- fj 

c-ijSU la 

and his Xil L? l^aThe Prophet 

companions were happy at the victory of the 
Romans and Christians against the Magus, 
notwithstanding the fact that both the parties were 
disbelievers, it is because of that one party of them 
happened comparatively closer to Islam". 133 
From the above it may safely be deducted that 
in the event of war between two non-Muslim parties 
it would constitute no sin on the part of the Muslims 
to have moral sympathy even lending their moral 


'. Cf.Tafseer al-Mazhari 7/219 Pr. Rashidiy Koita, Pakistan 
‘ al-Hi sbah f i I -Is 1 am, nr. Dam I F i kr, Lu bnan_ 


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143 


and material support to the party holding a better 
outlook towards Islam and Muslims. Being at 
Makkah at the time of war between the Romans and 
and jduij Ah Lf l^athe Persians, the Holy Prophet 
his Companions were not in a position to render any 
material help to the former which had suffered a 
crushing defeat at the hands of the Persians. But a 
prediction of the Romans' victory over the Persians 
within a few years of the future on the part of the 
Qur'an was indeed a very considerable assistance 
for the Romans. No support for a defeated people 
could be of greater value than foretelling its victory 
on the strength of the Devine Revelation within only 
a few years of the future. Were the Romans able to 
receive such a foretell, they would have felt 
themselves highly encouraged. This prediction, on 
the other hand, put the pagans of Makkah at extreme 
fVj & (j^unease. No support from the Prophet 
and the Muslims for the Romans could have been 
possible at that time and clime better than what the 
Muslims offered. 

An Inference from the Expedition of 
Trenches 

At the crucial juncture of the Battle of the 
Trench (also called the Battle of confederates) whole 
the pagan Arab had decided to invade Madina with 
the greatest numerical force. This unexpected turn 
of the affairs put the Muslims to a critical state 
beyond imagination. The situation was so 
threatening as the Qur'an has depicted in the 
following words: 


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144 


CifrlJ j|j * JLuil Cy*3 c> j| 

^1 dlUA^U^olall <uiL (j^ilajj j^U^JI ljjIaII CjxLjjLudjV) 

When they came on you from above you and 
from below you, when the eyes turned dim, 
and the hearts gaped up to the throats, and 
you imagined various thoughts about Allah. 

It was the situation in which the believers 
were tried. They were shaken by a 
tremendous shaking. 134 
Hit hard by the enormity of the situation, the 
thought of different fVs <ulc. awI c? i^Holy Prophet 
types of military policies to face the collective 
military might of the pagan Arabs. From among 
such policies was to make an offer of the one third 
of the total date-yield of Mdinah to the Ghatafanites 
in order to create a rift between the coalition 
military forces and make the Ghatafan neutral. With 
this proposal he sent his envoy to two Ghatafanid 
chiefs, namely Uyaina bin Hisn and Haris bin Auf 
al-Muzani. The draft of the agreement was almost 
ready. But before finalizing the deal it seemed 
laudably fit to hold consultations with Haz. Sa'ad 
, the W-ie ^ ^jbin Mu'adh and Sa'ad bin Ibadah 
chief of the Aus and Khazraj. Both the chiefs were 
invited and informed with the enormity of the 
's iii) (^luasituation. Learnt the Prophet 

proposal, both the chiefs said: 
"If you are going to do this all in the light of 
the Revelation from Allah, we have no option 
other than unconditional hearing and 


The Qur'an: 3 3-l 0-11 

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145 


obeying. If you are doing so on your own, 
your opinion too deserves every respect. But 
in the past never we got too obliged as to give 
them even a single piece of date as a tribute to 
those tribes. They could eat with us only as a 
guest. Today when we are Muslims and Allah 
Subhanahu wa Ta'ala has honoured us with 
His greatest favours, Islam and His Prophet 
, we deem it totally unfit to give 
our wealth to those disbelieving tribes. We 
have only the sword till Allah decides 
between us and them." 
This courageous reply was much to the 
; he jduij ^.^gratification the Prophet 

tore the draft and dropped the idea. 135 

a>j! From the doing of the Prophet 

, as we see in the details of the expedition 
of al -Ahzab, it may be deducted that under 
threatening conditions the Muslims may 
permissibly adopt the course of compromise 
and truce with non-Muslims in the exchange 
of an acceptable thing, thereby to neutralize 
the hard-line non-Muslim enemy. For so 
doing the only condition is that it must not 
bring disgrace to Islam and Muslims. To 
strengthen this deduction from a reliable 

source: 


135 . al-Talkhisul Habir 2/381, Tareekh Tabri; 4/147, Seerat Ibn 
Hisham p.676, Tabaqat Ibn Sa’ad 2/52-53, Imtaul Asma of al- 
Miqrizi 1/235, al-Wathaiqul Siyasiyah p.74) 


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146 


s^j (jjibV ‘ £jj <jLu lLuO^JIaA ^ifl 

(JJaLulaIIj (jo^i ^Luij AaIp <bl Alii Jj—jlfaS Lufrj A&2 

Aili Jj^jj ( aic- (JjlliL»jLuajV) billaL«l Ajli SjaJlAiftj ^lix^a 

(jl JJj Aafl j ? Aio^al! JjJi2 ? Sja 3I * * ^lujj Aolc- <b) 

<j^aju ^SJjLuajVl biAj£ ^*' flj 81 

oj-»1u^I Aj jj cjtjjajV 

.Sjjj^al! 

This hadith establishes the rule that in the 
condition when the Muslims are communally weak 
such compromises may be made like that the Holy 
Messenger of Allah did when he felt the Muslims 
overburdened. But it would not be permissible if the 
Muslims possess sufficient strength. That is why the 
held back from finalizing the AjIc a» 1 ,_ji^aProphet 
deal when the Helpers said whatever they said and 
he knew their strength and courage, and tore the 
draft. Such a muwada'ah of course contains a shed of 
disgrace, and for this very reason the Helpers 
expressed their displeasure at giving a part of their 
fruits (to Banu Ghatfan). As regards the disgrace, it 
would never be permissible for Muslims to accept it 
for themselves except that they think it really 
expedient for them. 136 

This too offers a practical example of the 
principle that under straining circumstances the 
Muslims may offer their material and moral support 
to non-Muslim political or military groups, thereby 
to corner them from other non-Muslim political or 
military groups. 


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147 


The vote, politically speaking, holds an 
incomparable importance to all the political parties 
in our age. Sometimes it may cost millions of dollars 
and rupees. If the political conditions of a country 
put the Muslims in a position where they are able to 
use their political weight to bring a comparatively 
less communal non-Muslim group to power, with 
an objective to secure their communal and religious 
interests, or contribute to the formation of the 
government of various political groups in order to 
protect their honor, prestige and their religious 
legacy and assets against the mischief of the bigot of 
the non-Muslim groups, they may do so and this 
will constitute to no wrong on their part. Even by so 
doing the Muslims may expect a reward in the 

Hereafter. 

'UleThe Example of Prophet Yusuf 

's way he followed in ^Prophet Yusuf 
Egypt under the political dominion of a non-Muslim 
ruler offers a good supportive example to what we 
have just put in the preceding lines. He not just 
served his people there by adopting this line of 
action, he preached the religion of Islam among the 

Copts as well. To quote Ibn Taimiyah here, 
biU <jl£ uLuijj 

-(jlLaVI (—u(jlAiV) J*£j 

"In the same way, the Prophet Yusuf (Joseph) 
was the deputy of the Pharos of Egypt, who 
as well as his people were polytheists. Yousuf 
did the acts of justice and virtue as much as 
he could within the bounds of his authority 


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148 


and preached the religion of Islam among 
them according to his means and might." 137 

To sum up, the details furnished above are 
enough to establish the rule that in order to secure 
their religious and national interests, the Muslims, 
in times of need, may permissibly lend their support 
to one from among the non-Muslim political parties 
in the electoral fray, and forge alliances with them. 
It must be remembered that the Muslims are never 
allowed to follow this line if they are not forced by 
the straining conditions for so doing. They are 
always asked by Islam to take part in an alliance as a 
dominant constituent thereof. They may accept the 
dominance of the disbelieving parties of an alliance 
to secure their legitimate sacred and secular 
interests, and also to keep abreast of the nation in 
the national move of progress and development 
only when they have no other way than it. On the 
same pattern, it may also be permissible to 
cooperate with non-Muslim groups for the purpose 
of establishing justice, fairness, equity and peace, 
noble values and good traditions. Such a 
cooperation, too, must not entail any disobedience 
to the law of Islam or bring disgrace to Islam and 
Muslims. The Prophet's accords like Hilful Fudhul, 
the Treaty of Khuz'ah and the Charter of Madinah 
offer the best examples in this regard. 


1 Ibn Taimiyah: Wazifatul Hukumatil Islamia p. 13 


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149 


Chapter Six 

Muslims and non-Muslims and their 
Inter-relationships 

There are countries and lands in the world 
where the Muslims live amidst the non-Muslim 
nations. This living together engenders a number of 
issues and problems, especially with regard to 

Muslims. 

Cultural Intermingling with non- 
Muslims is opposed to the Nature of Islam 

First of all, we shall be required to determine 
that to what extent this social intercourse affects the 
cultural and moral aspects of the Muslim society. 
The Muslims, as a matter of rule, have emphatically 
been asked to keep themselves strictly away from 
the rites and cultural traditions of the non-Muslims. 
Muslims have been prohibited to seeking similarity 
with or emulating the non-Muslim. In formulating 
the ways of worship and social traditions Islam has 
hit a line which is perfectly pure of all un-Islamic 
effects and impressions. There are many hadiths 
which ask the Muslims to maintain their cultural 
purity, letting it remain unaffected by the effects of 
non-Muslim cultural and civilisational impact. To 
cite here some of them for example. 

On the authority of Haz. Abdullah b. Umar 
is reported to have <_^the Holy Prophet 


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150 


said: One who sought a similarity with a people 
shall be counted from among them." 138 

• Abdullah bin Amr bin al-As ^jstated 

that "Once the Prophet fVj saw 

two saffron colored garments on my body. He 
reacted as: 

1 ljUj {ja (jj 

"These are from the clothing of the 
disbelievers. So do not wear them". 139 

• Haz. Rukana reported the Holy Prophet 
jduij <uk. to have said: 

{ J&- ^jLttdl <ja£(jajjUlu La Jjjfl 

"What makes us different (in wearing) from 
the idolaterous is our turbans over the 
caps." 140 

• Haz. Buraida ^ M ^jreported that the 

Prophet jduij AjIc &\ JLa saw a person wearing 
a brass ring. The Prophet ij^ said 

to him: "I smell paganism in you" He threw 
away the ring and then wore an iron ring and 
came to the Prophet Seen the 

iron ring in his finger, the Prophet 

said: I see the ornament of the Hellish 
people on you." The person threw the iron 
ring too and asked the Prophet 
what metal his ring should be made of. "Of 


'. Narrated by Ahmad, Abu Dawood, Mishkat p.375, chap.Libas 

139 . Narrated by Muslim, Mishkat p.374 

14 °. Tirmidhi, chap.Libas vol.p.308, From the transmissionally 

technical_standards the cited hadith is; notstrong enough_ 


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151 


silver", its weight not exceeding one 

mithqal ." 141 

• Abu Hurairah reported the Holy 

Prophet fVj to have said: 

• (4ulc ,Jaia) £)} 

The Jews and Christians do not dye their 
hair. You should oppose them (in the 
practice ) 142 

• "Change the oldness and do not seek 
similarity with the Jews." 143 - This hadith too 
has been reported by Haz. Abu Hurairah 

• Haz. Abdullah bin Abbas ^ reported 

that when the Prophet fasted 

on the day of Ashura and asked the Muslims 
to do so, the Muslims told him that the day is 
held in high veneration among the Jews and 
the Christians. The Prophet's reaction was: 

-£uA 21I Jjl! ^11 duAj (jV 

If I remained alive till the coming year I will 
fast the ninth of Muharram too. ( the first 
month of the Islamic lunar calendar ) 144 

• On the same authority the Prophet ^a 

is reported to have said: 

U jAl Li] JLxli) 

" Lahad is for us, while the Shag is for those 
other than us ." 145 


141 . Reported by Tirmidhi, Abu Dawood, Nasai, Mishkat p378 

142 . Bukhari and Muslim 

143 . Tirmidhi, chap. Libas vol.l p.305 

144 . Recorded by Muslim Mishkat, chap. Unobligatory Fasts. P.179 

2. Tirmidhi chap.al-Janaiz vol. 

_,_ * __ 


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152 


reported that the Lfk ^jHaz Umm Salma 
fasted on Saturdays ^^Prophet 

and Sundays in particular." He said: 

(ji LU^li 

These two days are of festivity of the pagans. I 
wish to oppose them ." 146 
• Haz. Shaddad bin Aws ^ reported 

the Holy Prophet to have said: 

"Oppose the Jews; they do not offer their 
prayers wearing their shoes and socks ." 147 
reported that once the ^ <&' ^jHaz. Ali 
had an Arabic bow in jduij A -^ ^^Prophet 
his hand. In the meanwhile, he saw a person 
holding a Persian bow in his hand. The 
ordered him to throw A -^ ^^Prophet 
it away and have such a bow (i.e., the Arabian 

one ). 148 

Haz. Ayisha reported the Prophet 

jduij <Uc. awI fjLa as saying: 

(jA Ajli >( ja£ldb 

"Cut not the meat with knife; it is the practice 
of the non-Arab pagans 149 " (therefore 
avoidable). 

(Note: the narration quoted is not strong 
enough from the transmissional viewpoint.) 


3. Reported by Abu Dawood, Nasai, Fathul Bari vol.4, p.305 

4. Reported by Abu Dawood, Mishkat, chap, p J3 

1 Naratted by Ibn Majah, Mishkat p.338 

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153 


Haz. Abu Raihana ‘be <&' ^jreported that the 
Prophet jduij AjIc L? l^a forbade us from 
several things. From among them was to use 
silk beneath one's garment or patching up 
one's shoulders with the silk, because of that 
the non-Arabs are accustomed to do so . 150 
Haz. Jabir ^ reported the Holy 

Prophet jduij to have said: 

fAj jAj 0) 

.1 

"You were going almost to do the practice of 
the Persians. They (are used to) stand for their 
monarchs while they remain sitting. You had 
better eschew this (paganistic) practice ." 151 
was deeply <&' c^The Prophet 

anxious of the Muslims 1 cultural 

amalgamation with other nations of the 
world. Fearing the same, he warned his 
ummah in the following strict words: 

(j-aUioj 

Jj^ujb Jjfl jjajj L_L^a jaa) 

(4alc. Jlfl 

You will certainly follow the ways of the 
peoples before you inch in inch and hand by 
hand, so much literally as if they entered the 
hole of the iguana you too will do so (only to 
imitate them")" Do you mean the Jews and 
the Christian by your word ' the people before 


150 Reported by Abu Dawood, Nasai, Mishkat, chap. Libas: p.346 

151 . Illaus Sunan 17/423 


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154 


you '?, the audience asked him, "Then who," 
replied the Messenger of Allah . 152 
Beside the hadith and the narrations cited 
above, there exists a host of such ones which seek to 
desist the Muslims from cultural and civilizational 
amalgamation with the non-Muslim nations of the 
world. Apart from what technical weight carry the 
different ahadith and of what prohibitive degree are 
those commands, the spirit underlying those 
narrations and ahadith is to communicate the 
Muslims the extreme importance of maintaining the 
Islamic culture and civilization pristine and pure, 
unspoiled by the social and cultural impure 
traditions of the people not believing in Islam as the 
only Truth from Allah the Creator and Sustainer of 
the whole universe. 

A close study of such ahadith reveals that Islam 
wants to make all the Muslims conscious of their noble 
cultural values and social traditions so much so that they 
must preserve the Islamic culture and maintain their full 
identity as Muslims everywhere they happen to live. 
Probably for the same reason the beginning of the Jews' 
and Christians' expulsion from the Arabian peninsula 
cs-k^was made during the very age of the Holy Prophet 
, and the Great Faruq, the Second Caliph of ^ kil 
the Holy Prophet, completed the act of expulsion 
during his Caliphat. The address which the Prophet 
gave before the Jews clearly signifies 

thereof: to it. To quote the actual words 


152 . Mishkat chap. Taghayyurin Nas^p.458 

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155 


(355 i 4alc (jila) -(jijVt ®JA ^5jW l £)H>Au' 

"O the group of Jews, accept Islam, you will 
gain peace. Let it be known to you that the land 
belongs to Allah. I want to exile you from this 

land ." 153 

reported bsl ^jHaz. Umar bin al-Khattab 
as sayingifL-j Aalc a>)I ^^athat he heard the Prophet 

Sjjja. £>a £} iluiiC' ^ 

£ .MV i_ij*Jl 

"If I remained alive, I am determined to expel 
the Jews and the Christians from the Arabian 
Peninsula. I will allow there no body to liove 
in the other than Muslims :" 154 
Much as this injunction is applicable only to 
the territorial boundaries of the Arabian peninsula 
and obviously, by no way is extendable to the earth 
as whole, still the tendency such narrations show is 
wanted the bil L 5 l^that the Prophet of Islam 

Muslims live on the surface of the earth with their 
complete Islamic identity, unspoiled by the social 
and cultural and traditional effects of the people 
beyond the fold of Islam. 
Following narration, reported by Haz. Jarir b, 
Abdullah, also provides a directive in this regard: 
sent a punitive <ule. bil lJ Ld\\\Q Prophet 
expedition to the clan of Khit'am. To save themselves 
from the words of the Muslims, and also to reveal 
their faith in Islam, some people of the clan fell into 
prostration. But the Muslims did not spare them; 


153 . Bukhari, Muslim, Mishkat p.355 

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156 


they put them to sword. As the event was 
, he ^^communicated to the holy Prophet 

ordered to pay the half of the blood-money of the 
slain Khath'amis, and issued the following warning: 

j^Jal (joj ^Iula (jjJ iSJi tji 

-UAi jU <_$! jiiv jii 
I can not afford to take the responsibility of 
the Muslims living amidst the pagans. Upon 
being asked how for the Muslims should live 
off the pagans he said: They should be unable 
to see the fires of each other's. 155 
c^Sumrah bin Judub reported the Prophet 
to have said:^j 4^ *>)! 

^ ? j' ^ j i51 <.i IajVj (jaSj.* a^U jX), „1Vf 

Do not stay with the pagans and live not 
together with them. He who stays with them 
or lives together with them is indeed similar 
to them (and therefore shall be treated 
accordingly) 

Irrespective of what such a hadith apparently 
mean, they actually address the Muslims living in the 
territory of war (darul harb) or those who live amidst the 
non-Muslim localities, the commentaries on such ahadith 
are much the same as we have just said. To furnish here 

some of them: 

Taibi writes: 

"For the Muslims it is not permissible to stay 
amidst the non-Muslims or live side by side with 
has declined 4^ a>jI L? Uathem. The Prophet 
to accept any responsibility of such Muslims. 


: book of Jihad, 355 Tirmidhi 1/289 


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157 


The men of Islamic learning have explained it 
differently. For instance: 

1. Abu Ubaid is of the view that such warning are 
actually related to the times of journies. That is to 
say, during his journey a Muslim should try to 
stay in Muslim habitations rather than of the 
non-Muslims. It is because of that the Muslims 
have no such agreements with non-Muslims. A 
Muslim amidst them may endanger himself. 

2. Abu Haitham holds that this prohibition is meant 
to keep the Muslims away from the un-Islamic 
cultural and ideological effects. The word Tire' 
equally is applicable to the character, morals, 
habits and the modes of living. 

3. Tarbishti says that the reason is that it may 
escalate the sectional and communal tension 
Muslims and non-Muslims. 

In short, the reasons have variously been 
explained. It must be noted that this prohibition is 
not applicable to those who are forced to live amidst 
the non-Muslims, such as the captives and 

prisoners. 156 

To Ibn Hazam, the Muslims living amidst the 
non-Muslims without a legitimate reason are not 
to be regarded as Muslims as the Holy Prophet 
has declined to take any 

responsibility of such Muslims. 157 
However, Ibn Hazam's extremism is totally 
unjustifiable. Abu Bakr Jassas Razi has rejected 


156 . Sharh al-Taibi, chap. al-Qisas sec.Qatl ahlur Riddah 7/110-11, 
also, Mulla Ali Al-Qari: Mirqat 4/55 

157 . Al-Muhalla: Ibn Hazam vol. 11/200 _ 


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158 


this extremism altogether and explained the 
hadith that it declares the Prophet's disclaiming 
from such a person and his belongings and not 
from his faith and belief. This is evident from the 
paid a half of fVj aJc Lf l^afact that the Prophet 
the blood-money of those falling to the Muslims 
swords in such accidents and the slain persons 
were termed by him to be Muslims. According to 
the explanation furnished, this command is in 
fact a directive in nature which is meant to 
communicate the Muslims the fact that their stay 
amidst the non-Muslims is bound to seriously 
endanger their life and properties, even though 
their faith is intact. 158 


^^Reportedv^rsion of the AhkarmilQur’an of al Jagsas Ra^ 2/342 


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159 


Section 1 

What about Muslims' Living in Mixed 
Habitations? 

What we have cited in the previous section from 
cfLathe teachings and directives of the holy Prophet 
establishes it beyond doubt that in the fVj 
Islamic scheme of things the priority has been given 
to the preservation and safety of the Islamic society 
and Islamic culture and the Islamic standards of 
morality against the effects of the un-Islamic culture 
and social traditions. So, in the non-Muslim 
countries if the Muslims are able to manage and 
develop their special habitations and colonies they 
must do so. For the safety of the Muslim societies 
and the future generations from the effects of the 
un-Islamic cultures and social environments this 
must get the first priority in their schemes and 
programs. In the absence of such possibilities, 
however, one may live anywhere one could easily 

manage. 

As regards the Muslims, living amidst the non- 
Muslims with the justification to impacting and 
moving them with the noble Islamic character and 
Islamic morality, it, generally speaking is no longer 
plausible. The generality of the Muslims does not 
adhere to those high morals, distinct values and 
noble traditions which once used to be characteristic 
of the Muslims in the past and which largely 
contributed to the spread of Islam far and wide, 
moving the non-Muslims and winning their hearts 


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160 


to Islam. Unfortunately, the general design of life 
the Muslims nowadays have adopted and their 
moral and cultural degeneration is so disappointing, 
even harmful for the purpose of propagation of 
Islam in the non-Muslims. This disappointing state 
of affairs, conversely, makes it even more obligatory 
that the present-day Muslims should have their 
separate habitations so that their moral evils remain 
limited to themselves and letting them not to bring 
disgrace to Islam and the earlier exemplary people. 

Living together with non-Muslims with the 
wisdom to affect them with the teachings, morality 
and cultural values of Islam would have been 
regarded plausible during the blessed age of the 
. But in jduij M t^LaCompanions of the Prophet 
this age too special care was laid to keeping the 
Muslims and Muslim society away from 
amalgamating with non-Muslim society. 

Finally, we have a firm principle of the 
Shariat: warding off the disadvantage has priority to 
taking on the advantage . In living together with 
non-Muslims the fear of the Muslims' getting 
affected from the un-Islamic civilizational and 
ideological effects far outweighs the supposed 
benefits of Muslims affecting the non-Muslims with 
the teachings of Islam. Moreover, in mixed 
habitations the Muslims are highly vulnerable to 
security risks, particularly in the events of 
communal rites. Furthermore, in the case of 
communal tensions the secrecy of the important 
national secrets gets seriously jeopardized. 


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161 


To top it all, in the mixed habitations the most 
significant problem the Muslims are faced with in 
present time being the Muslim representation in the 
electoral warfare. From a mixed population it is 
very difficult for a Muslim to be a candidate for the 
election, let alone his winning. Should the Muslims 
have their separate habitations, the Muslim 
representation in the electoral process may 
considerably be improved. 

Keeping in the view expediencies as set out 
above, the Muslims are better suggested to have 
their own separate habitations to live in provided 
that there exists no legal and constitutional 
impediments to so doing. Otherwise, the Muslims 
are fully permitted to live together with non- 
Muslims in mixed habitations. For the true 
observant Muslims who represent the noble 
teachings of Islam in the practical spheres of their 
lives it maybe useful, both for Islam and Muslims, to 
stay amidst the non-Muslims in the mixed 
habitations. Such virtuous people are rightly 
expected to represent the noble Islamic teachings in 
their lives and thereby to move the non-Muslims to 
Islam. The lives of the companions of the Holy 
offer great examples in this A\ <_^Prophet 

regard. In the wake of the sad demise of the Prophet 
of Islam a large number of the companions spread 
in all corners of the earth solely with the intention to 
propagate the religion of Islam and the Uloom-e- 
Islamia. Through their constant propagation of Islam 
and also through their true Islamic life they were 
able to bring positive changes to the non-Muslim 


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162 


nations with regard to Islam and its noble teachings. 
Then the great people of Islam, awlia Allah and 
mashaikh, followed suit and proved useful for Islam 
and Muslims. The suit may be followed by the 
people of the same high moral values even today, 
and is expected to prove beneficial for Islam from 
the angle of propagation. For the generality of the 
Muslims, however, it is not useful. 


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163 


Section 2 

Social Relationships with non-Muslims 

So far as the Muslims' maintaining sociability 
towards non-Muslims, entering into financial and 
contractual ties with them or their sharing the pain 
and pleasure of the non-Muslims are concerned, it is 
a thing which Islam does not forbid the Muslims 
from. Islam is a religion of peace and human values 
occupy the most important place in its scheme of 
life. In matters of creed and religion compulsion has 
no place at all. The people who reject Islam and 
decline to enter its fold are not to be treated as 
outcast to the ideology of Islam. Nor it enrages the 
followers of Islam against the non-Muslims; nor 
encourages them to commit injustice against 
religious opponents. Islam, contrariwise, bestows all 
human rights on all human beings on an equal 
footing without making any distinction on the 
ground of religion and creed. Some people have 
built up a mistaken notion in this regard on the 
basis of some verses of the Holy Qur'an which seek 
obstain Muslims from entering into the ties of close 
friendship with non-Muslims. As a matter of fact 
such mistaken conclusions from such verses are 
totally based on a superficial study of them. Had 
they studied them in their proper contexts the 
conclusion drawn would have been entirely 
different. To quote a few such verses here with a 
view of removing the misunderstandings: 


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164 


Jx£j £yAj £yjfit£ll £jji«j^l Akjj V 

-4Jaj * * IjSjj <jl VI 4 ^ auI <j-» (jjaiS 411 j 
Let not the believers take for friends (or helpers) 
the unbelievers rather than believes: if any do 
that, in nothing will there be help from Allah: 
except by way of precaution that you may guard 
yourselves from them. 159 
Oj f-Lljl ftfljijj >bl ujilll l$j|b 

(jjjilUall ?A diljli ^$1 jjj (jaj ^(jLuVl ^Ifrji^lllJ^luil 
O those who believe! Take not for protectors 
your fathers and your brothers, if they love 
unbelief above faith. If any of you do so, they 
indeed are the wrong doers. 160 
In fact, such verses have a perspective of the 
times of tension and hostility between Muslims and 
non-Muslims and are indubitably related to those 
hostile non-Muslims who oppose the Muslims and 
Islam tooth and nail on all fronts. Under hostile 
conditions all religions and nations make it 
necessary for all their people to snap their all ties 
from their hostile nations. Some verses signify to 
those conditions and the enemy's intriguing plots. 

To cite here few of them: 
tfbljbjl ^HjJjfriltljjajjVIjiat (jjilll^jib 
f Jill A\ £)} <>»J ? <j^a*jfblji 

(jjC'jUy (jiA]Ua]| 

l^aa^aufl salt j-aIjI ^jl <bl Lu^aj <jl 

(jj-a-lb ^1 jjmILa 


I59 . al-Qur’an: 3:28 

16 °. al-Qur’an:9:23 


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165 


O those who believe! Take not the Jews and the 
Christians for your friends and protectors. They 
are but friends and protector to each other. And 
if any of you turned to them (for friendship) is of 
them indeed. And Allah never guides the wrong¬ 
doing people. Those in whose hearts is a disease- 
you see them how eagerly they run about from 
among them saying:" we do fear lest a change of 
fortune bring us a disaster," So, maybe Allah 
give you the victory, or a decision according to 
His will . Then will they repent of the thoughts 
which they secretly harboured in their hearts. 161 

(jjillljAxij V L 

(joi aja <jt aSjIjSjIj C)* LjbSJltjjji 

O those who believe! Take not for friends and 
protectors those who take your religion for a 
mockery and sport—whether from among those 
who received the scripture before you, or from 
among the unbelievers: and fear Allah, if you are 
the people of belief. 162 

The verses cited above are clear in their 
meaning. They explain the conditions and 
circumstances and the type of people the Muslims 
are permitted not to take them for friends, helpers, 
work-fellows and secretaries. Needless to say, there 
could be found no self-respecting people, nation, 
even an individual who can afford establishing the 
friendship ties with those who are given to mock at 
his religion and the system of life one adheres to. 


161 . al-Qur’an, 5:51,52 

162 . al-Qur’an: 5:57 


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166 


There are more verses than one in the Holy Qur'an 
which are meant to delimit the extent and nature of 
the relationships the Muslims may establish with 
the non-Muslims. The following verse is perhaps the 
most conspicuous in this regard. 
p<® (dj pJ-ill jd pjill £p V 

Luj pda*"®dI c-iaj p) pi 

IjjAUaj p® pjjl! ^ ^jlilji pjjl! pc. dll 

Pjallbll fA ddjli jjj P^J i^A jj pi ji) 

Allah forbids you not, with regard to those who 
did not fight you for your faith nor drove you 
out of your homes from dealing kindly and justly 
with them. Indeed Allah loves those who are 

just. 

Allah forbids you, with regard to those who fight 
you against your Faith, and drove you out of your 
homes, and supported other in driving you out, 
from that you take them into your intimacy and 
friendship. If any who does that (despite this 
warning), such, indeed, are the wrong-doers. 163 
Side by side this prohibition and warning, the 
Qur'an intimated the Muslims that such conditions 
would not last long. The things are to improve soon. 

The Qur'an, for example said: 
Attllj * * yLplc. pjil! pajj pi Attl C 

jjjic. bllj 

Maybe that Allah place love (and friendship) 
between you and those whom you (now) hold as 
enemies. And Allah is Powerful. And Allah is the 
Forgiver, the Merciful. 164 


163 . al-Qur’an :60:8,9 

164 Ql-Our’an- 


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167 


Any scholar of these verses of the Qur'an, not 
ignoring their contextual backgrounds, and 
historical perspective, can never build a 
misunderstanding about the view of Islam towards 

non-Muslims. 

Islam is the friend of all human beings; it 
allows its adherents to have relationships with those 
outside its fold within the proper and natural limits 
it has set for all. But all ties of Muslims with non- 
Muslims and the relationships of formers with the 
latters are subject to the condition that they are not 
in contravention of the principles of Islam, and 
bring not disgrace to Islam or Muslims. 

After this preparatory note, let's discuss some 
common issues which are generally raised in this 

connection. 

Muslims Butchers, Offering Their Services 
on un-Islamic Festival 

At their festive occasions often the non- 
Muslims wish to hire the services of the Muslim 
butchers to get their animals slaughtered. A Muslim 
butcher is permitted to slaughter their animals only 
on condition that they are slaughtered at a fair 
distance from their gods and goddesses. The 
butcher may also charge a fee for his services. This 
opinion is based on the following: 

LtaJl a 1 a (jmA SfjJajAULuill3) 

- jjau UJaji aLui 

If a person hired a tambourine for a purpose 
other than playing for a specified period, or hired 


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168 


a man to carry for him a corpse, or slaughter a 
goat or deer, it is permissible to do so. 165 
Notwithstanding that the citation makes no 
mention of the religious festivals, still in the light of 
the condition mentioned in the text that the animal 
should not be slaughtered before or for the sake of 
their gods and goddesses, makes it seemingly 
tolerable. But in no case a Muslim is permitted to 
slaughter an animal before a god or goddess in 
deference to the wish of his non-Muslim fellows. So 
doing will undoubtedly constitute the gravest sin on 
his part as it falls under the generality of the 
following verses: 

,j-9 L-iLtajytjj. >mA lljjAaJlLdjjlal 

"O those who believe! Intoxicants and 
gambling, (dedications of) stones, (divination by) 
arrows, or an abomination, from Satan's 

handiwork: 

Eschew such (abomination), so that you may get 
success. 166 

No Muslim is ever permitted to cooperate with a 
non-Muslim in an act of disobedience, particularly 
the one performed as their religious rite. 
The Qur'an has employed the term al-ansab, the 
plural form of nusub. Which has been explained as: 

j LjLuoiVlj 

((jjlauoSl ^ fLLflVIj 

As regard the ansab, they are the gods (and 
goddesses) placed for the purpose of worship. 


165 . Fatawa Alamgiri, Book of Ijarah 
1 Al-Qur’an: 5:90 


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169 


nor which the polytheists slaughter the animals 
as offering. As to the god (or goddesses) they are 
covered images which are worshipped, or a 
creation treated as a god or goddesses. 167 
Sharing pain and pleasure of non-Muslim 
Based on social and human relations, people 
often have to share the pain and pleasure of each 
other. Islam permits its adherents such a sharing on 
condition that it involve no disobedience to the 
Shariat, or violate any rule of law of Islam. The 
self paid visits to non-^j Aaie &\ ^^luaProphet 
Muslim ailing persons. Haz. Anas, for instance, 

reported: 

a,A jIc a&1 aIsI J>uuJ fAaj (j-ijfr! 

? Ai JUfi ? A-ui|j Jic- Jjdi ^luij Aalc- AUl (jUa Lf ^\ aUli 

jAj A_ui i^Lut Ai JlSfi lie jAj AjjS ^1) jlalfl 

^luij Ajlc. £jii >f Ua ,^uil£3IU Ai JlSa taolc. 

-,jUSl (jA ^ sail) <_s.il Ail] aasJI 
A Jewish boy used to serve the Messenger of 
a ale a>)I L? l^aAllah. The boy fell ill; the Prophet 
visited the ailing boy and sat his headside and 
said to him; "Accept Islam. The boy cast a look at 
his father who was present there beside him. He 
said to his son:' Obey Abul Qasim (appellation of 
)", The boy accepted aJc. a>jI ^^iuathe Prophet 
came out from AjIc <uil <_yWslam. The Prophet 
there saying: Praise is to Allah Who freed the boy 
from the Fire through me." 168 


167 . Roohul ma’ani 7/15 

168 . Reported by Ahamad, Bukhari, Abu Dawood, Nail al-Awtar 
vol.7 p.279, Illaus Sunan vol.12 p.534 


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170 


In their explanatory notes on this hadith some 
Ulama say that a visit to a non-Muslim ailing person may 
be paid if the visitor wants to call him to Islam and he is 
expected to positively react to the Muslim visitor's call. 
Ibn Battal and many others subscribe to the same view. 
Many others, however, are opposed to this view. 
Refuting it Hafiz. Munzir writes:" The hadith is free from 
such restrictions. The permissibility of visiting the non- 
Muslim sick is based on various expediencies and 
objectives (which indubitably include the social human 


relations"). 169 


" There is no wrong in extending hospitality to one's 
non-Muslim neighbor, nor in paying a visit to him when 


he is ill" 


Explaining it. Shaikh Hamwi writes: 

"The words of the al -Jamius Saghir suggest that the 
mention of the neighbor is only accidental rather than 
being actual. For Imam Abu Hanifa is reported to have 
held as permissible the visiting of the Christians. Many 
other Hanafi jurists, likewise, permit the visiting of the 
Magus sick. Some others, however, do not support this 


view." 170 


Imam Abu Yusuf writes: 

"I asked Imam Abu Hanifa by what type of words a 
Jew or a Christian is to be solaced who has recently been 
bereaved by the death of his son or a near relative"? 
The Imam replied: 

"The words should be like that: death is a reality, 
may Allah replace it with a better thing. We are of Allah 
and to Him we are to return." Bear this affliction with 
fortitude." 


169 . Nailul Awtar: 7/28 


170 . al-Ashba Wal-Nazair, chap. Ahkamu-Dhimmi p.351 



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171 


"We have been informed," he further says," a 
Christian often visited Hasn al-Basri and sat in his majlis. 
When he died, Haz. Hasn al-Basri went to his home to 
solace the bereaved family." 171 

Taking Part in the Funeral Rites of non-Muslims 
As far as taking part in the funeral rites of the non-Muslim 
and determining the position of the Shariat on this issue is 
concerned, many textual expressions of the Ulama are 
suggestive of that if the deceased is a relative of the Muslim, 
associated with him with the nearest degree of relationship 
and no other non-Muslim relative is available there to 
take up the responsibility of completing the 
deceased's funeral rites, such a Muslim is permitted to 
take up the responsibility of his non-Muslim relative's 
funeral rites. This view is permitted on the case of Abu 
Talib's death. When Abu Talib died and his son, Ali 
communicated the news of his death to the Holy 
<ute. Ail! Lf La r the Prophet ^ ^^Prophet 

directed Ali to undertake the funeral preparations of 
his non-Muslim deceased father. It is because of that Ali 
happened to be the nearest relative of Abu Talib, as he was 

his direct 

descendant. This narration has been recorded by 
different ways and channels in more books than 

one. 172 

Haz. Ka'ab b. Malik a narration With reference to 

has been recorded by Dar Qutni, which reads: 
came to the ^ Thabit b. Qais b. Shimas 
and informed him of ^j^Holy Prophet 

the demise of his Christian mother and asked him 


1 Abu Yusuf Al-khan 


. Nasbur Rayah vol.2 p.281, Illaus Sunan 8/282 by narration of 
Abu Dawood, Nisai, Tabrani, Musnad Ahmad, Abu Yala, Bazzar, 
_Hgijhagi, al-TaUdyisul H£^w of JHafi^rbn Haygw 1/157-58 


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172 


the permission to take part in her funeral rites. 
said:fi“j 4^ ^^1-aDirecting him, the Prophet 

Clu£ I j| dljli ? L^_aLai J*J»J liililJ tyiSjl 

"Mount your animal, and go ahead of her 
funeral procession. When you are ahead of her, 
you are not with her." (This way it will seem that 
you are with her but actually you will not.) 

Going by this hadith, Imam Ahmad's viewpoint 
is that a Muslim is not permitted to take part in the 
funeral rites of his non-Muslim relatives. However, 
to the view of Allama Zilai this narration is 
technically weak, hence unfit to serve as (a 


satisfying argument). 173 


To the majority of the Ulama, including the 
Hanafi jurisprudents, the narration appertaining to 
the funeral rites of Abu Talib, which has just been 
cited in the foregoing lines, is a decisive item to 
serve as the basis for the permissibility of taking 
part in one's no-Muslim relative's funeral rites. 
According to this narration the Hanafi standpoint, 
vis-a-vis this problem, is that a Muslim is permitted 
to take part in the funeral rites and ceremonies of his 
non-Muslim relatives associated with him by 
uterine or other types of relationships. He, however, 
is better suggested to avoid it if there exist other 
non-Muslims to undrtake this task. To cite a 


reference here: 



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173 


AjjjS (jflJjj (jiSjj ^luboll J^juj 
l74 .^ <i£jj ^jii 

This has to be borne in mind that this juristic 
view was formed in the perspective of the Darul 
Islam. For the countries where Muslims live amidst 
the non-Muslims as minority it was not easy for our 
jurists to build such a view which could feasibly be 
followed only in the Muslim majority countries. 

In case a non-Muslim passed away and their 
exists no body from the deceased's Muslim or non- 
Muslim relatives to undertake the disposal of 
his/her corps, the general Muslim shall be required 
to undertake his/her funeral preparations and bury 
the corpse. The source of this inference is the 
on the fVj Lf l-apractice of the Prophet 

occasion of the battle of Badr. As it is known to all, 
the pagan Quraish had suffered a crushing defeat at 
the hands of the Prophet and Muslims in the 
battleground of Badr. Seventy unbelievers suffered 
death in the battlefield, while the rest had to flee 
from the battle-field unnervedly, leaving behind 
their dead unburied. 175 

From among the prominent men of Islamic 
learning of our age Shaikh Abdul Aziz bin Baz also 
subscribes to the same view. 176 

As regard the non-Muslims with whom the 
Muslims have no blood or uterine relationship 
except the social and human ties, for the 


urr u tar onthe f 00 t n0 t es 0 f Muhtar, chap. Salatvl-Janazah, 

vol.3 p.134 al-Bahr-al Raiq 2/325, Alamgiri, chap. al-Janaiz vol. 

p.160 

175 . Shibli Nomani: Seerat al-Nabi vol.l p.319 
’. Fatawa Islamia 2/20 Ed. Beirut 


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174 


permissibility of taking part in such people's funeral 
preparations and burial the Prophet's practice vis-a- 
vis the corpse of the son of Abdullah bin Ubai might 
iii\ Lf ^jbe taken as a source. "Jabir bin Abdullah 
reported that, at the request of Abdullah bin Ubai, 
went to the grave of *>il ^^the Prophet 

Abdullah bib Ubai. His corpse had been placed in 
ordered to cj^the grave. The Prophet 

take out his corpse from the grave, placed his head 
at his blessed knee, salivated in his shroud and 
clothed him in his blessed shirt. Then he placed the 
corpse in the grave and then he was buried." 177 
meted out so fVj & c^Why did the Prophet 
beautiful a treatment to a hard-liner non-Muslim 
who harbored the extreme enmity towards the 
and Islam and led the fVj L5 UaProphet 

campaign of Hypocracy against Islam till the last 
moment of his life? The reporter of this narration 
requited fVj cj^held that way the Prophet 

his (apparent) kindness he had done towards Haz. 
Abbas, the Prophet's uncle, by clothing him in his 
shirt in the aftermath of the event of Badr. 178 
Some other narrations suggest that the Prophet 
accorded such an extraordinary fVj 
treatment to his corpse having in mind a great 
religious expediency. On being asked by Umar why 
did he do so he replied: "I know my garment or my 
saliva is of no avail for him, still I did so expecting 
my behavior would move his clan to Islam." 


177 . Bukhari, Muslim, Mishkat, Book of al-Janaiz p.144 

1 Ibid: p.144 


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175 


The Prophet's expectations soon came true. 
According to the narrations the Prophet's good 
behavior to Abdullah bin Ubai impressed his people 
very much and hundreds of them entered the fold of 

Islam. 179 

But, in spite of all such expediencies, Allah 
depreciated the Prophet's behavior towards 
Abdullah bin Ubai and sent down the following 
verse commanding him never to pray for any of the 
munafiq, mushrik, kafir or stand by their graves. 
»jjS Wt OLa Vj 

Never offer the funeral prayer for any one of 
them, nor stand by his grave.i 180 
The author of jalalain (a shorter, comprehensive 
explanation of the Qur'an) explain it as: 
SjLOji 

"Stand not by their graves for burial or 

visiting." 181 

Allama Jassas Razi has explained the verse as 

Jlii 

Our Ulama said that this verse clearly forbids the 
Muslims to offer the namaze-Janazah (funeral 
prayer) on the disbelievers." 182 
Thus, it has become an established rule that, 
in normal conditions, the Muslims are not allowed 
to take part in the funeral rites, funeral processions 
or the burial ceremonies of the non-Muslims. The 
degree of prohibition will turn even extreme when 

2 Fakhru Din Razi, Tafseer Kabir 8/121 Ibn al-Arabi: Ahkamul 
Qur’an 2/992 Tabri: Jamiul Bayan 1/142 tafseer Mazhari 4/277 
.The Qura’an:al-Tauba 
181 Jalalain 1/164 

' 82 . Q T’TT [i ai P if Q u „ „ „ „ „ „ „ „ „ „ „ „ „ „ „ 


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176 


the rites and traditions involved are in total 
opposition to the general norms of the Islamic 

sacred law. 

Exchange of Gifts between Muslims and 
non-Muslims 

In general conditions there is no wrong to 
exchange the gifts with the non-Muslims. In special 
conditions, however, the better course is to avoid it 
as much as possible. So far as the practice of the 
in this connection is fVs aJc ajiI L? l^Prophet 
concerned, sometimes he accepted the presents of 
non-Muslims and himself too offered to some non- 
Muslims in kind. Other times, however, he rejected 
c^the gifts from some non-Muslims. The Prophet 
sent the Ajwa dates to Abu Sufiyan, in the <&' 

fifth year of hijrah, through the emissary of Haz. 
Amr bin Ummayah Zamri alongwith a letter to him 
asking him to send a gift to him as well. In response, 
Abu Sufiyan, then a headstrong disbeliever, 
followed the suit . 183 

Muqawaqis the Copt sent two beautiful girls 
as present ^^and a mule to the Prophet 

alongwith a letter, in which he made the mention of 

the present . 184 

The Khosero's governor of Bahrain is reported 
:"Were <&' cA^“to have requested the Prophet 

you to order me to offer a present to you, I will 
happily comply". The Prophet's reply was: 


!f. Abu Ubaid, Kitabul Ai 


Mabsutvol .10 p.92, al-Wathaiq p,76 

184 . Cf. Futuh Misr of Ibn Abdul Hakam p.48, Qastalani 2/292,93, 
Qulqashandi, 6/462, al-Zilai vol. p.2, al-Wafa of Ibn al-Juzi 717, al 
1136 


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177 


-d£u4& JjS'I ^1) ,jli V ? 4 *jUI 

"Never I ask a person to offer any gift to me. 
Still, I may accept your gift if you ever offer me 

one ." 185 

, likewise, rejected the ^j dl t^-^The Prophet 

gift of some people as well. For example, Abu Bra 
bin Malik bin Jafar sent a horse as gift to him. The 
sent his horse back to him <duij Aic. ^^Prophet 

saying: 

4jJ Jfr 

"I have been commanded not to accept gifts from 
the polytheists ." 186 
Sometimes he did not reject some gifts, yet he 
himself did not benefit from them and got it 
distributed among others. Hiraql, for instance, sent a 
number of dinars to (probably as a sign of his 
upward submission when he received the epistle of 
) the j aA c. ill Ls l^>the call to Islam from the Prophet 

Prophet when he was at Tabuk ) The Roman emperor 
also had made a pretension to be a Muslim. The 
held him a liar and ^^Prophet 

distributed the dinars among the people . 187 
Between such contradicting narrations the 
Ulama have tried to bring harmony by two ways, 
(a) The presenter about whom the Prophet di! 

(duij knew that he had no good estimation 
of the Prophet's dawah and military 


1 Tabqat Ibn Sa’ad voU p27, Mujamul Buldan (Yaqut, al-Himvi,( under the 
explanation of Bahrain) al-Wathaiqus Siyarah p.153-154 

186 . Abu Ubaid: Kitabul Amwal p.630 al-Wathaiq al-Siyarh p.314 

187 . Ibn Asakir: Tareekhe Dimashq p.420, Ahmad ibn Hambal: 
Masnad 3/421,-42, also 4/74-75, Abu Ubaid, Kitabul Amwal 624-25 
^ab^^feai^us^ya^^jr 1 

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178 


endeavors except that all were meant for the 
sake of the worldly gains, the Prophet AM 
jduij rejected the gifts of such persons. He 
accepted the gifts from only those people he 
knew them to be sincere to Islam and him 
having a real estimation of his preaching and 
military endeavors. 

(b) The second way is that the Prophet AM 

rejected the gifts of those non-Muslims by 
accepting of whose presents he feared might 
weaken his boldness and firmness in matters 
of religion and the collective benefits of the 
Ummah. He accepted, on the other hand, the 
presents about which he had not such a 
fear . 188 

Keeping in mind such hadiths, the Fuqaha have 

arrived at the following conclusion: 
n J&j (jtS (j) jliSJ) 

"The presents from the disbelievers should not 
be accepted if the acceptance is feared to weaken 
one's firmness towards them ." 189 

The reverse inference of the above ruling, 
logically, will be that the gifts from non-Muslims 
may be accepted with a view to please them and 
thus taking them nearer to Islam. In the absence of 
such a high expediency the Muslims, particularly 
their men at the helm, had better avoid the 
acceptance of the non-Muslims' presents . 190 


1 al-Muhit 6/232, Imdadul Fatawa vol.3 p.481-82 

2 the Book of Karahiya 6/359 

i sha* a| -S'y ar jj K a 5 j r vo i 3 pj2, Ibn Hajar, Fathul-Bari 5/171, Illaus 
Sunan 6/152 _ 


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179 


The above being the general ruling of the 
Shariat. That is, the presents of the unbelievers 
having no shade of their religions may be accepted 
according to the detail furnished above. 

In the same way, the same rule shall be 
applicable to Muslims' offering hospitality to non- 
Muslims or accepting their hospitality. If it deems fit 
to a Muslim to accept the feast and hospitality of a 
non-Muslim, without fearing any shade of 
weakening in his firmness against the disbelief, and 
making it not a habit, he may accept as well as offer 
the hospitality to non-Muslims. At Khaibar the 
accepted the hospitality of a fVs M ^^Prophet 
Jewish woman and ate the meat she had sent to him 
without asking of what nature the slaughtered 

animal was . 191 

More a citation: 

Uj ijAji $j-d jJjV jljUill <J£I (jt 

-ak- 

"A Muslim may eat and share meals with non- 
Muslims once or twice, or when he is faced with 
such a situation. But it is disapproved of to make 

it a habit . 192 

On similar lines, a non-Muslim may also be 
offered hospitality only occasionally. To cite the 
same authority again: 

((jjjIjjSII (jiliS) AaIaJjI 4jI jilijfllS t ajAj <jL (jjLfi 


m . Jassas: Ahkamul Qur’an vol.2 p.394 


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180 


A disbeliever (kafir) may also be offered 
hospitality if he/she happens to be a relative or if he 

is in need. 193 

Gifts from non —Muslims Having a 
Paganistic Background 

As regard the gifts from non-Muslims which 
are of a religious background such as of Diwali, Holi, 
Christmas, etc, and offered to Muslims on occasions 
when they celebrate their paganistic religious 
festives, two types of tendencies have been reported 
from the Sahabas and the pious predecessors. They 

are as under: 

• About Haz. Ali bin Abu Talib it is reported 
that once a non-Muslim presented to him a 
gift at the occasion of the Nairoz (a festival 
of the Fire-worshipper) and he accepted 
it.194 

: l<^aj"A woman said to Ayisha Siddiqa 
"We have friendly relationship with the 
Magus (Fire-worshippers), and at occasions of 
their religious festives they, often, offer us 
presents. What do you say about such 
presents and gifts"? Haz. Ayisha's reply was 
the following: From their (eatable) gifts you 
may accept the fruits and the likes, but not the 
meat of the animals slaughtered on that 
occasions. 195 


193 . Op. cit. p347 

3.ibn Taimiyah. jq t ^ zaus Siratil Mustaqim p. 120 

1 Op. Cit. 


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181 


From Abu Barzah Aslami it is reported that he 
had friendly relations with the Magus for they lived 
in his neighborhood. At the occasions of their 
festives, like Maharjan and Nairoz they would offer 
him presents. He permitted the people of his house¬ 
hold to eat the fruits and the likes, and return back 
to them their other items they had gifted. 

Having cited all such narrations, Ibn Taimiyah has 

observed, 

"These athar establish that the gifts from non- 
Muslims not belonging to the Land of War 
(terminologically called (darul harb) may be accepted 
even if they are offered on the occasion of their 
religious festivals. The acceptance of the presents 
from non-Muslims involve an aspect of helping 

them. 196 

From among the prominent men of Islamic 
learning of the near past Ml. Md. Ashraf Ali 
Thanawi also subscribes to the same view. To give 
the gist of his argument: 

"Presents and gifts offered by non-Muslims 
on their religious festive occasions may be 
accepted by Muslims. Apparently, there are 
two aspects which may render their such gifts 
impermissible to accept. First, if these 
presents are offered to mark the respect of 
their festives rather than the person who is 
being offered those gifts. The second aspect is 
that those gifts may contain images. As far as 
the first aspect— the reverence of their festives 
such a Diwali is concerned, it too has been 


196 . Op Cit. p 120 


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182 


declared by the Fuqaha to be extremely 
forbidden. As regards the latter aspect, that is 
the images, if they are meant to be preserved, 
it will render such gifts totally impermissible 
for Muslims as the concept of images is totally 
opposed to the nature and spirit of the Islamic 
law. The problem may be solved as, it is 
commonly known that such gifts are meant to 
be a mark of respect of the person presented 
and not of the festivity itself. As to the second 
one, it may be solved as: in presents it is the 
material which is primarily intended and not 
the (human and animal) images which the 
material of the present shows. The Muslim 
accepting such presents, nevertheless, shall be 
required to destroy the images without 
delay." 197 

• The other opinion tends to be opposite of 
the one described above. Maulana Abdul 
Hai Firangi Mahalli has cited from 
Zakhiratul Fatawa which suggests the 
impermissibility of the presents from non- 
Muslims they offer to Muslims on their 
religious and festive occasions. To cite the 
actual words of the Zakhiratul Fatawa: 

"It is advisable for a Muslim that he 
should not accept the presents from non- 
Muslims on their festive occasions; if 


1 Imdadul Fatawa 3/482 


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183 


accepted, he should not give or send them 
back any thing in exchange." 198 
The phrase 'festive occasions' may be applied 
to both the Muslim and non-Muslim festive 

occasions. 

The citation above is not so strict in 
prohibition. Still, the contrasting tendencies might 
be harmonized with each other by giving them the 
following explanation: 

'On the non-Muslim festive occasions the 
non-Muslim generally offer two types of 
presents and gifts to their non-Muslim and 
Muslim friends. Such presents as involve 
paganistic associations with their false objects 
of worship and which the Hindus term as 
Par shad, etc . must categorically be 

impermissible for Muslims to accept for they 
indubitably fall under the Qur'anic clause ma 
uhilla bihi lighairillah . The citation above is 
seemingly pertinent to this type of presents. 

Some gifts, on the other hand, are those which 
have no such paganistic association, and are 
particularly made for children or for general 
distribution. Such ones may be accepted 
without compunction. Ibn Taimiyah and Ml. 
Thanwi's opinion perhaps is about the gifts of 
the latter type. 

The detail furnished above establishes it 
beyond doubt that the gifts and presents from non- 
Muslims might be accepted if the circumstances so 
permit, and the gifts are without a religious 


198 . Fatawa Abdul Hai, vol.403 


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184 


background. If the gif ter, on the other hand, is not a 
good person and his intention is not satisfactory, or 
the circumstances are not so good to permit it, the 
better course would be not to accept the gifts. If the 
presents have a religious aspect, they must be 
rejected, while the gifts not offered to their objects of 
worship, may be accepted. 

Giving Presents to non-Muslims on 
Occasions of their Festivities 
The citation put above from the Zakhiratul 
Fatawa suggests the impermissibility of giving gifts 
to the non-Muslims on occasions of their religious 
festivities, neither by way of exchange nor taking 
lead in this connection. Ibn Taimiyah writes: 
"Ibn al Qasim is of the view that it is 
reprehensible for a Muslim to send a present 
to a Christian on the occasion of his religious 
festivities, even if as an exchange. Without 
exchange it will be regarded even more 
reprehensible. For it has a shade of respect 
and reverence towards their Godless religious 
festivities and the expediencies of unbelief . 

For the same reason the Muslims are not 
allowed to sell any thing having a religious 
shade on the occasion of their festivities such 
as the meat curry or lending one's animal of 
riding to non-Muslims. The men of the helm 
of the Ummah had better ban the Muslims' 
such cooperation and sharing with the non- 
Muslims' their festive occasions, and as far as 
I know, there is no man of Islamic learning 


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185 


who holds otherwise in connection with this 
issues." 199 

Sharing with non-Muslims Their 
Religious Festive Occasions 

From the detail furnished above it may 
safely be inferred that the Muslims are not 
permitted to take part in non-Muslims' religious 
festivities and other paganistic functions, nor to visit 
their places of worship, neither by way of 
entertainment nor to represent the Muslim 
community there. Only with the intention of 
business and trade a Muslim may visit such places, 
provided that no avt of disobedience to Allah and 
His prophet is being committed there. With 
reference to Jami Khallal, Hafiz Ibn Taimiyah writes: 

"Imam Ahmad was asked to explain the 
position of the Shariah on Muslims' taking 
part in religious ceremonies of the 
disbelievers, commonly celebrated in Syria, 
for the purpose of business and purchase. The 
Imam replied the following: 
"Muslims may go there solely for the purpose 
of trade and purchase without entering their 
places of worship. With reference to Haz. 

, it is also stated that ^ ^jUmar 
he (Umar) disliked and would stop the 
Muslims to visit the places of worship of non- 
Muslims, especially on their religious 
functions and paganistic festivities." 200 


199 . Iqtizaus Siratil Mustaqim p. 111 

Illai^ Sunan vol.12 pJ06 


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186 


Ibnul Qasim was asked about the position of 
the Shariat on riding the Muslims on the boats and 
conveyances going to the gatherings of non- 
Muslims' religious festivals. "It is undesirable," he 
replied," For the non-Muslims' company is feared to 
invite the wrath from Allah'. 201 
Explaining the Qur'anic clause la yashhaduuna zura, 
Haz. Amr bin Murrah says: 
Vj 4jJill J&i (jjjlbuV 

(The Muslims) pay not attention to the 
polytheistic and paganistic acts of the 
polytheists nor get mixed with them." 202 
Ata bin Yasar reported Haz. Umar al-Faruq 
to have saidAk ^ 

. „.l X ^jj d \j 

Beware of visiting the polytheists inside 
their temples on the occasions of their religious 

festivals. 203 

A similar narration has also been reported by 

Sufyan Thori, which appears in al-Baihaqi. 204 
Haz. Abdullah bin Amr is reported to have said: 

'If a person lived in the midst of non- 
Muslims, sought similarity with them in matters of 
their religions and remained in the same condition 
till his death, he shall be raised with them on the 
Day of Judgment.' 205 

201 . Loc. Cit 

1. Op. Cit. 

2. Op. Cit. p.86 

3. HlausSu„an voll2p702 - 3 

1. Iqtizaus Siratil Mustaqim p gg _ 


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187 


These athar and the sayings of the prominent 
men of Islamic learning are enough to prove that the 
Muslims are not allowed to take part in non- 
Muslims' religious festivities as a gesture of 
courtesy towards them. To support this opinion 
some hadiths may also be used. Such hadiths intend 
to dissuade the Muslims from taking part in the 
gatherings of disobedience, declaring it a sort of 
engrave disobedience to Allah and His Prophet 
. To cite here two of them:<d*-j aJc- 
(1) Having been invited to a Walima feast, 
Abdullah bin Masud ^ went to 

attend it. As he got there and saw the acts 
of disobedience and absurdities being, 
committed he instantly turned back. On 
being asked the reason, he communicated 
the following saying of the Holy Prophet 
fVj AjIc to them: 

clM fjS d^ Lf^J <y» 

-A .j <jj» ISjjJj 

"He who increased the number of a people 
shall be counted from among them. And if a 
person pleased an act of a people he shall be 
regarded the partner of them in that act. 206 
has mentioned jAbdullah Ibn Mubarak 
a similar happening of Haz. Abu Zar Ghifari (may 


206 . Reported by Abu Yala (in his Musnad), Nasbur Rayah vol. 4 
p.346, Kanzul Ummal vol. 9 p.22 No24735, Jamiul-Masanid wal 
^ Sun a n yo 1.2 7 p^-_ N o , 589 


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188 


Allah be pleased with him) in his book al -Zuhd wal- 
Riqaq almost in the same words. 207 
(2) Haz. Ayisha (may Allah be pleased with 
her) reported the Holy Prophet 4 j1c. ^a 

jduij to have said the following. 

i a* Aj 1 

‘ lJL£ 4^1 JjjjijU l1l 12 ? dills ^JjL 

JlS c>»J ^ 

-^jLu ^ylc- (jjiuj jL i a* Aj 

An armed force shall invade the sacred House 
of Allah. On the reaching at Baida (name of a 
place) whole the army shall be sunk into the 
earth." Will the entire army face the same fate 
while there will be the markets and vendors 
and those who would have accompanied the 
army without an intention to invade the 
Ka'aba", asked Haz. Ayisha. "All shall be sunk 
into the earth, then on the Day of Judgment 
they will be raised according to their intents 
^ Cathey had", replied the Holy Prophet 

208^iuij 

These narrations establish it well that taking part in 
the gatherings assembled for committing sins and 
disbelief amounts to inviting the wrath from Allah. 
This is a general rule which doubtlessly includes the 
religious functions and festivities of the disbelieving 
people. The same rule is applicable to installing the 
shops to sell the eatables and drinks there. Without 
a pressing need a Muslim is better advised to avoid 


207 . Nasbur Rayah vol.4 p.346 

2. Bukhan withFathui g ar j. 6/150, Tirmidhi 2/44, Fathul Mulham 

6/362 _ 


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189 


going there and visiting those shops and markets. 
Ml. Ashraf Ali Thanawi is of the same view. To him 
the men of Islamic learning occupying credible 
position amongst Muslims are particularly advised 
to strictly and consciously keep themselves away 
from such places. 209 
In the same manner, it is also impermissible for the 
Muslims to extend felicitations and congratulations 
at non-Muslims' religious and social events and 
festivities. For it has an aspect of respect and 
reverence towards their festivities. On such 
occasions a Muslim may expediently say some 
words about those festivities. This way he may 
evade the showing of respect towards their 
festivities and win their hearts. 

Non-Muslims Participating in the Islamic 
Festivities 

So far as the non-Muslims' taking part in 
Islamic festive occasions like led, Iftar, Ramdhan, etc, 
is concerned, the Fuqaha have not discussed this 
point at length. But they permit the Muslims to give 
the flesh of their sacrificed animals to non- 

Muslims. 210 

Imam Ghazali reported that Hasan al-Basri 
had no objection to giving the sacrificed animal's 
meat to one's neighbor Jews or Christians 211 
Going by the above viewpoint, the Muslims may be 
allowed to make separate arrangement of food and 


1 Imdadul Fatawa vol.2 p.140-141 

21 °. Shami, etc. 

J^Mhyau_ Uloomid Dm^H^ycjuI Jawar 2/233^^^ 

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190 


drinks for non-Muslims, advisably away from 

Muslims. 

In spite of that it may sometimes be expedient 
for Muslims to get mixed with the non-Muslims on 
occasions of their religious and social events or 
inviting them to share the happy moments with 
Muslims at Islamic festive occasions. We the 
Muslims must, however, arranged and not ignore 
the fact that the times of Iftar, etc. are highly blessed 
from the Shariat viewpoint and after all, they 
themselves are the acts of worship, attracting the 
blessings from Allah. At such blessed junctures the 
curse of disbelief is very much feared to attract the 
wrath from Allah. From the same we gather that 
even if is it permissible to take part in the Iftar 
parties hosted by the non-Muslims, yet the objective 
of Iftar is lost. Hence the participation reprehensible, 
and to make it habitual will be reprehensible with a 
degree greater still. 


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191 


Section 3 

Designing the non-Muslim Places of Worship 
and Offering Constructional Assistance 

In view of the mutual ties between the 
Muslim and non-Muslim communities living 
together in a country sometimes the non-Muslims 
ask the Muslim engineers to prepare designs for 
their temples and other places of worship, or, 
likewise, wish to hire the labour services of Muslim 
wage earners to seek constructional assistance from 
them. In response to such wishes the Muslims may 
do so according to the view of Imam Abu Hanifa 
. To quote a Hanafi authority here:<&' 

^ ^ ■ i >*^ y v i aL ha ^v 

"If a zimmi asks a Muslim to construct a 
church or similar places of worship in 
exchange of wages the Muslim may do so and 
wages, too, would be lawful for him. 212 
Accepting from and Giving Financial 
Contribution to non-Muslims 
For Muslims it is lawful to accept financial 
assistance from non-Muslims for the construction of 
Masjids and Madarsas, provided that it is not 
opposed to the immediate or long-term 
expediencies of Muslims and their religious interests 
and they fear not a boastful follow up from non- 
Muslims of the contribution they are making, and 


1 Alamgiri: chap.al-Ijarah 


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192 


that they do not press the Muslims to make such 
contributions to their religious purposes. 213 
To quote more an authority to support it: 

o' a* oU„„ 

<jl »jjCjjajII ^IaS ,^^1) ufclaj LS&J ^ Jaju »lift 

Js, t^AAjc-jUlic- AjjS ,jjSj (ji JajJj 

jf I jiiit 

„„„The act of charity (done by non-Muslims) 
one in itself. This condition is must be a devotional 
essential for an act of endowment done by a 
Muslim. For the endowment done by a Zimmi the 
requirement is that it must be a devotional act 
according to both Muslim and non-Muslim belief 
such as the endowment is made for the welfare of 
the poor, the Baitul Maqdis, etc. 214 
Whether the consideration shall have to be 
paid to the religion of the endower or to his/her 
intent the generally agreed upon opinion is that it is 
the religion which matters. But according to 
Maulana Thanwi it is the opinion and intent of the 
endower which decidedly matters in the acts of 
empowerment. 215 

For the construction of non-Muslim places of 
worship and temples the Muslims had better not to 
offer any financial assistance. If the Muslims fear the 
non-Muslims may ask them to follow suit, for the 
Muslims it shall become impermissible to accept 
financial assistance from non-Muslims, even if they 


213 . Imdadul Fatawa vol.2 pp.664 ff, vol.3 p.129-30 

214 . Shami vol.3 p.360 
/^.I^ma^d^ Fatawa vol.2 p.668 


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193 


make such offers considering them the act of 
devotion in line with their ideologies. 


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Chapter Seven 

Giving Salute to National Flag 

In non-Muslim secular countries the 
Muslim minority groups often have to face some 
problems which, to other nations than Muslims, are 
only political and national. To the Muslims, 
however, they are not without religious 
implications. For example: 

(a) In most countries of the world it has now 
become quite customary to salute to their 
national flags. This is an essential mode of 
showing extreme respect towards the 
national flag. To remain sitting at the 
moment when the salute is being given to 
the national flag is reckoned to be a grave 
disrespect towards the flag and constitutes 
a national offence. About the position of 
the Shariat on this grave issue the Ulama of 
the Deoband school have generally gone 
two ways. 

• The late Mufti Kifaytullah, the Grand Mufti of 
British India, held this activity as permissible. 
To quote the relevant words from his fatwa : 
"The Muslim League salutes the national flag 
and in Islamic countries, too, this is a common 
practice. This in fact is a military act and 
subject to reform. It will therefore be 
improper to condemn this act as 
polytheistic." 216 


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195 


Some contemporary men of Islamic learning 
also hold the same view. 217 
Some other men of Islamic learning are of the 
view that the salute to the national flag may 
be given provided the saluting person remain 
standing at the moment without folding one's 
hands or bowing the one's head. 218 
However, in spite of the fact that the Ulama 
subscribing to this opinion are great and venerable, 
the viewpoint lacks a well-reasoned argument. 
Being a practice of the Muslim League or of any 
other political party, or a practice of the Muslim 
countries is never a sufficient reason to serve as base 
argument for an act holding importance of this size. 
Terming it a military action, too, can not exclude it 
from being subject to the Sharia rule. What is the 
evil it contains which has to be reformed, and what 
would be the modus operandi of reform and freeing 
it from the evil associated with it? And if reformed, 
what will be the way of giving salute to the national 
flag acceptable to the Islamic ideology? Such are the 
questions which can not be ignored and we find no 
solution to them in the opinion we are discussing. 
• The second viewpoint is of Ml. Ashraf Ali 
Thanwi (d.1942). To treat the different aspects 
of this issue in detail he wrote a separate 
treatise, included in the collection of his 
fatzvas ' Imdadul Fatawa, under the title Ujala 
Kashfil Hijab on Mas'ala titazimi Badil Ansab (a 


217 . Cf. Fatawa Rahimiyah 

218 . Ml Burhanud Din Sambhali: Maujuda Zamane ke Masail ka 

Shari Hal. 135 _ 


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treatise meant to deal with the problem of 
paying respect to some objects of worship) . In 
this treatise the Maulan has declared this act 
as totally impermissible and un-Islamic, and 
offered strong arguments to support his 
viewpoint. When compared, the latter 
viewpoint seems far too stronger than the 
former one. The arguments follow: 

• The national flag is reckoned to be a national 
emblem, the sign of the national prestige. 
Perhaps that is why each sovereignty has its 
own distinctly separate flag which occupies 
almost the same status as do their objects of 
worship. Around it the people sing the 
national songs, and pay homage to it. Taking 
it as a sign of national prestige, the sentiments 
of worship and devotion are shown to it. At 
the time of giving salute to the national flag 
any body's remaining sitting is regarded a 
nationally intolerable sin. For giving the 
salute to the national flag the day and time are 
meticulously predetermined. Taking deeply 
into account all the details which the people 
of the country are consciously asked to 
observe in connection with giving salute to 
the national flag, one finds oneself contrained 
to note that the national flag has now become 
a political idol, perhaps the most significant 
one. Using the Qur'anic terminology, the 
national flag has occupied the position of the 
nusub . The words nusub and ansab have been 



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197 


explained by the Mufassirin (the exegets of the 
Qur'an), in the following words: 

-<Uil (jjJ uflVtj ,lAAjfr 

"Ansab are the idols placed to be 
worshipped and adored. The 
polytheists slaughter the sacrificial 
animals near those idols. As regards the 
term Asnam, it covers every thing 
shapped as image to be worshipped 
beside Allah." 219 

In India, for instance, the wande mataram is 
recited standing round the national flag . And it is a 
common knowledge that the poem wande mataram is 
nothing but a versed devotional salute, and is meant 
to offer the devotional tribute towards the national 
flag reckoning it an epitome of the greatness of the 
national land. This way the national flag indubitably 
falls under the definition of ansab, of which the 
Qur'an speaks as follow: 

ajjVAli -(jUauill (j-a 

"O those who believe! Intoxicants and 
gambling, stones (regarded and treated as the 
object of worship) and divination from arrows 
for drawing lots are all filth and acts of Satan 
so, refrain from such acts so that you may 
succeed." 220 


219 . Alusi: Ruhul Ma’ani 7/15 
1 ^ an 5:90 _ 


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198 


(3) The second point of immense import is 
that the national flags of the secular 
countries, quite obviously, are un-Islamic, 
and so are salutes given. The salute is 
nothing but an expression of homage and 
respect to the flag. The principle stated by 
the Fuqaha in connection with saluting the 
non-Muslims may be helpful in 
determining the position of the Shariah vis- 
a-vis offering the salutes to the national 
flag. Saluting a non-Muslim is never meant 
to accord him the respect and honor; still 
some Fuqaha are extremely opposed to it, 
and term this as an act of disbelief. A non- 
Muslim may only be saluted if there is an 
actual need for so doing, and the wording 
of the salutation should not be a direct 
address to him. The general form of 
address is preferable (such as salamun ala 
man ittaba'al huda (peace be upon whom 
who followed the Guidance). 221 
Based on this inference, giving devotional 
respects to the national flag should be 
impermissible. Praying for its well-being ,too, shall 
not be permissible, as being the ruling of the Shariah 
regarding the prayer of long life and peace for a 

dhimmi , 222 


221 . Cf. Raddul Muhtar ala al-Durril-Muhtar, al-Hazar wal-Ibahah 
vol.9 p.590, al-Bahrul Raiq, al-Karahiyah, 8/374, Bazzazia on al- 
Hindiah Karahiyah 96/355, Fatawa Hindiyah, Karahiyah 5/325 
p.355 

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199 


As to those secular sovereignties which have 
adopted a flag with a multi-color scheme of which 
one color has been included to represent the 
Muslims, as being the case with India, and at the 
time of giving salute to the flag one intends the 
same particular part of the national flag, this too will 
remain as much objectionable to the shariat as the 
whole of it. Granting that the flag contains one color 
to be a' representative of Muslims, it too as Ml. 
Thanwi has pointed, will turn un-Islamic, due to 
being mixed with those ones which are meant to 
represent the disbelief, as being the case of the 
animal on which the names of the gods along with 
the Name of Allah have been invoked. Having done 
so, whole of the slaughtered animal shall turn 
unlawful to eat, as is mentioned in the clause wama 
uhilla bihi lighairillah, which occurs in more places 
than one in the Holy Qur'an. To be precise, if the 
name of a god or goddess has been invoked on the 
animal while slaughtering it, even if the name of 
Allah too is pronounced concurrently, the whole of 
the animal will turn unlawful. As a matter of rule, 
there is little difference between such an animal and 
the one slaughtered purely with the invocation of 
the name of the gods. 223 
A yet anothers equally important point is: (3) 

what is the position of standing round the 
national flag and bowing the head and 
folding the hands before it? Standing as a 
mark of respect towards a person is an 
important theme of the juristic literature, and 


al^Z^a^hyol.9 435 pp 


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200 


we come across a very detailed discussion of 
it. Avoiding the details not very much 
pertinent to our point, we would like to put 
here only the gist thereof. Standing for a 
person is of different types: 

• Standing straight at one's place at the 
arrival of a person to accord him an 
enthusiastic, respectful welcome, without 
moving forward to him even a single step. 

• Standing at the arrival of a person and 
moving forward to accord him a respectful 
warm welcome. If these two sorts of 
standing are not meant to mark the 
devotional respect towards the comer, they 
are regarded as lawful. 

• To remain standing in the back side of a 
sitting person. This sort of standing will be 
lawful if is meant for the protection of the 
sitting person, but is unlawful if such a 
standing is intended to mark respect and 
reverence for him, as is a usual practice 
outside the Arabs( of the past). 

• To remain devotionally standing before a 

sitting person, as was common amongst 
the non-Arabs. This is unlawful 

altogether. 224 

This classification of standing is from the 
viewpoint of its position and posture. 
Following is the classification of standing 
from the viewpoint of the ruling of the Shariat 

about it. 


IllausSurran vol 17, Pp422 ff 


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201 


• Unlawful Standing : Maintaining the 
standing position as a mark of veneration 
and respect for a person who desires to see 
the people standing round him. 

• Undesirable Standing : Standing for a 
person who is conceitful and arrogant but is 
feared to become a source of problems in 
future for others should they refuse to stand 
for him. 

• Lawful Standing : Standing for a person 
thus to accord a respectful and heart-felt 
welcome to him. 

• Desirable Standing; Standing as a mark of 
happiness at the arrival of a person and 
moving forward to accord a welcome to him; 
or standing as a mark of appreciation for an 
admirable act or a favor done by the person; 
or to offer condolence to a bereaved or 
afflicted . 225 

Whole the detail furnished above and the 
classification of the standing is premised on 
different hadiths and narrations from the Holy 
. According to the former LJ l^Prophet 

classification the standing for giving salutes to the 
national flag is indubitably a devotional one, or, at 
least, may be included in the standing in the 
backside of the person as a mark of respect to him, 
hence reprehensibly impermissible. 
According to the second classification this type 
of standing will fall under the unlawful standing or, 
at least, the undesirable standing. Even the unlawful 

1 Fathul Bari vol.llp.43 


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202 


standing is permissible for such a person as 
commands respect and veneration because of his 
being from among the people of exceptionally 
admirable qualities. To quote an authority: 

q\S <jl .1 ulL JjJjaj 

"Standing for the arriving person to accord him 
a respectful welcome is permissible even desirable, 
provided that he deserves reverence and respect . 226 
Since the national flag deserves no respect at all 
it will obviously fall under the definition of ansab, an 
object alien to the Islamic ideology. Hence giving 
salutes to the national flag is impermissible. The 
detail put above is about standing round it in 

devotion. 

About the wande mataram and Similar 
Other Patriotic Poems 

So far as the national anthems and other 
poems consisting polytheistic themes are concerned, 
a Muslim is never permitted to recite such items, 
neither standing near the national flag or at any 
other place. India's national anthem wande mataram 
undeniably includes purely polytheistic themes. The 
opening phrase' wande mataram means, " I worship 
thee O my motherland ." As it is commonly known 
to all, in the Hindu religion the worship of mother 
land is a very comman and popular theme and is 
termed as the dharti puja and bhumi puja (mother 
land worship). All such facts establish it beyond any 
doubt that the wande mataram is a poem which is 


2 DurrMukhtar ^ Raddul Mu htar V ° 19p .551 


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203 


intended to offer a maximum devotional tribute to 
the mother land. This indeed is a polytheistic theme 
and a Muslim can never afford to utter such words. 
That is why the Ulama have unfailingly been 
demanding the exception of the Muslims from the 
recitation of this so-called national anthem ever 
since the first day of its genesis. Moreover, this 
poem has several words the meaning of which 
remain unknown to us. And a Muslim is never 
allowed to utter such words fearing that they might 
have polytheistic themes. 227 

Keeping the same aspect of the problem in 
mind, Maulana Thanwi also has declared the 
recitation of the national anthem as unlawful. 
Notably, the national anthem of that age was 
different from that of the sovereign India has 
adopted after independence, the verses of which 
predominantly revolve round the polytheistic 

themes. 

Furthermore, the recitation of this so-called 
national anthem has become emblematic of the non- 
Muslims. This aspect brings it to seeking similarity 
with them. This also supports the view of its 
impermissibility. 

Nevertheless, the person who finds himself 
constrained to reciting this anthem and otherwise 
fears incorrigible harms may repeat its words 
unwillingly. This inference is based on the 
following verse of the Qur'an. 
uVb (jj.da.^ 6 j£l £>* VI. 


~”T>^way^^c^mrngntary on Muslim 2/219 


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204 


.except the one who is forced into uttering the 

words of disbelief while his heart is content with 

faith . 228 

Even in such a state of affairs too the 
determination of a momin will be to decline such 
compelling offers, still in order to secure one's 
protection one's uttering the word of disbelief 
may be tolerable with Allah Subhanahu wa 

ta'ala . 


Qur^an 1^/106 


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205 


Section One 

Arbitration of non-Muslim Judicial 
Mechanism on the Muslims' Mutual 

Disputes 

In non-Muslim countries the Muslims often 
encounter a situation which is of a grave problem 
for the Muslims as it hits the religious foundations. 
This is the arbitration of non-Muslim judicial 
mechanism on the Muslims mutual disputes. As the 
Muslims of a secular country can not have their own 
judicial system for the administration of justice in 
lines with the Islamic principles, they are left with 
no other option than taking their disputes to the 
non-Islamic courts of law. The un-Islamic courts of 
law issue their verdicts based on the law of evidence 
and other laws in force in the country. It is often 
probable that the court may premise its verdict on 
the evidence which is hypothetical, or in discord 
with the laws of Islam and both the parties are 
aware of that the decision is incorrect. Will the 
winning party be regarded right if he avails of the 
decision of the court? This question assumes even 
greater significance from the Shariat viewpoint 
when the winning party happens to be a Muslim. 
What is the position of Shariat in relation to such 

matters? 

Apart from other Fuqaha, the Hanafi viewpoint 
vis-a-vis this question is that the verdict of the 
judiciary may be useful in matters which a qazi's 
(Judge) jurisdiction may bring into existence. As to 
those matters which are beyond his jurisdiction, a 


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206 


Muslim is not permitted to avail of such court's 
decision. On similar lines, the matters of ownership 
and entitlement, which seek to determine the cause 
of ownership and entitlement on the evidence 
available with the courts, the judicial decision, apart 
from that the judge and qadhi is Muslim or non- 
Muslim by religion, will not make it lawful for the 
winning party if the verdict is based on the evidence 
opposed to the Islamic norms of evidence. If the 
winning party is Muslim, he must part with the item 
he has thus won. Indeed this is the demand of Islam 
from a Muslim. By contrast, those cases which do 
not relate to the cause of the entitlement and 
ownership such as marriage and divorce, in relation 
to all such matters the judicial verdict shall have a 
fuller bearing on the case and will be decisive, fully 
available for the winner even though the verdict is 
based on fabricated evidence. Whether judicial 
verdict relating to such cases takes effect both 
outwardly and inwardly or only outwardly has ever 
since the early age of Islam been a subject of 
difference of opinions amongst the Fuqaha ever since 
the earlier ages of Islam. To the viewpoint of Imam 
Malik, Imam Shafie and Imam Ahmad bin Hambal 
the judicial decision obtained on the besis of a false 
evidence, and both the litigants know this fact, shall 
take effect only outwardly, totally unlawful for the 
winning party to avail of it. The Hanafi viewpoint, 
however, is different from the above one, as is stated 

just. 

The Hanafi viewpoint is based on the following 

two narrations: 


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207 


(1) The Prophet ^ is reported to 

have said the following: 

? <j2aju (j-a Ajoaj q^ 1\ p<njyi\ J»Jj ^1\ ^£21 

LuJu 4uij JL« 42 Laj) j 

-jUll (j-a 4j«2aii 42 Ajdail Laili 

"You bring your disputes to me; maybe 
some of you happen to be more eloquent 
in argumentation than others. I'm no more 
than a man. Moved by the arguments of a 
party, if I ever decided in his favour from 
the property of his brother while it is 
unjust as a matter of fact, he must note the 
fact that in fact I gave him a peace of 
fire." 229 

The purport of this hadith is that the judicial 
verdict based, knowingly or otherwise, on false 
evidence and untruthful witnesses can never change 
the factual reality. This hadith relates to the cases 
involving the question of entitlement and 

ownership. 

The second narration is about Haz. Ali bin Abu 
;42e M ^jTalib 

SIj-«l t_2ak ( _ r a2l £)} 

(jj-lAtui 42) ,4^jjj (j) dull 

JlSfl ? 4 ajJj) ^2 d2l la ? 42& <t2) ij 

."A person of a clan proposed a to 

woman. The man was lower than her in 
respect of descent and social standing. She 
refused his proposal. The man claimed that 
he had already married her and brought 


229 . Bukhari, al-Mazalim 2458 


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. She ^ajtwo witnesses before Ali 

said she had not married him. Ali said:" 
The witnesses have married you with the 
claimant. Thus, Ali, who then occupied the 
chair of the qazi (judge), executed on her 
(the decision of) marriage." 230 
A similar decision from Haz. Ali is 
reported in connection with the dissolution 
of marriage. 231 

This narration is related to the matters 
involving no question of entitlement. On 
the basis of these two narrations is based 
the Hanafi viewpoint. 


i. JassasAhkamul ‘ Qur an vol.l p.253 

2 Op.cit. 


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209 


Chapter Eight 

Cultural Unification: A Concept 
totally Intolerable to Islam 

In the midst of all the world communities the 
Islamic community possesses a special identity. The 
particularly notable fact of its existence as a distinct 
religious entity is that it never allowed itself to 
abandon its religious and communal distinctions. 
This is an assessment equally true to both the states 
of the Islamic community when it possessed a fuller 
and incomparable political sovereignty and of that 
when it lost the political supremacy and had to live 
as the subject to non-Muslim, secular even hostile 
and prejudiced sovereignties. No nation or religious 
community in the world is ever found which has 
preserved its religious and communal distinctive 
features as consciously as did the community of 
Islam. Other communities than Muslims did never 
allow the religion to govern their communal and 
religious life as a forceful element. The Transitional 
Period of the Church is reckoned to be the religious, 
its fanaticism however, served no useful purpose of 
the religion; rather it inflected irreparable harms to 
religious concepts and undermined its roots. What 
is more, this Transitional Period was too short to 

count. 

All such groups and communities throughout 
the world with which the Islamic community's 
religious and communal distinction rankles strongly 
wish to see the Islamic community as devoid of its 
religious and communal characteristics. To this end 


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different devices and varying plans are afoot and at 
work with them. The move to universal cultural 
fascination and cultural unification also constitutes a 
part of the same plan. The cultural unification is 
meant to bring into existence a unified culture based 
on positive values picked up from different creeds 
and religions with a covert demand that all religions 
should melt themselves down into this so-called 
culture. This so-called cultural unification is 
premised on the false and misleading concept that 
all religions are Divinely-revealed and although 
their ways vary, the destination is the same. 
Historically, the concept of cultural and civilization 
unification is an ancient one, perhaps as old as the 
human society itself. According to the Qur'an, the 
Final Message of Allah to mankind, it has ever since 
been a constant wish of the disbelievers that the 
Muslims should abandon their religious and 
communal distinctions and merge with the 
universal unification of the disbelievers. To cite the 


concerned Qur'anic verse here: 


"They wish that you should reject faith as they 
did and thus be on the same footing (as they): so 


take not friends from them 232 


In short, every concept of cultural and 
religious unification has to be rejected outright; it 
intends only to take the Muslims away from Islam. 
Satan calls to Hell, and Allah to Paradise. The way 
to Hell has to be rejected outright. The study of the 
Qura'an, again, reasserts that in all ages of the 



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human history there has been found a number of 
things to serve as common bases for a universal 
unification of the polytheists and disbelievers. With 
reference to Prophet Ibrahim (Abraham) The 
Qura'an mentions: 

SjaaJl (jk Aill (jjJ 4 Lul Jlflj 

"(Ibrahim):" Said you have taken idols for worship 
besides Allah, out of mutual love and regard 
between yourselves in this life- 233 
Those idols may differ from age to age and 
time to time, yet the idol is not more than an idol, 
apart from its shape and form. To be precise, the 
concept of cultural and civilizational unification of 
the followers of different religions is entirely un- 
Islamic and a part of the anti-Islam plots. Hence 
totally unacceptable to Muslims. 
Islam Stands for a Total Submission 
The Muslims are committed to follow the 
command of Allah which He has enshrined in the 
Qur'an in the following categorical words: 

^ jkj, t\\ 

O those who believe! Enter into Islam 
whole-heartedly, and do not follow in the foot 
steps of Satan for he is your open enemy. 234 
According to this verse Allah Subhanahu wa 
Ta'ala demands that man should submit, without 
reservation, the whole of his being to His will . 
Man's outlook, intellectual pursuits, his social 
behavior, his interaction with other people and 


233 . S.29:v.25 

234 , Al-Qur’an, S.2, V.208 


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212 


modes of endeavor should all be completely 
subordinate to Islam. The nature of the religion of 
Islam can not accept the splitting up of human life 
into separate compartments, some governed by its 
teachings and others by those of the non-Islam. 
Keeping in view the revelational background 
of this verse, we can assimilate the message of it 
even more clearly. Abdullah bin Sallam and Asad 
bin Ubaid, etc, formerly the Jews, embraced Islam 
and wished to follow some of such commands of the 
Jewish religion as were not opposed to the 
commands of Islam. This verse is meant to warn the 
people against such an understanding. It means that 
entering into Islam will be acceptable to Allah only 
when one enters into it completely and whole¬ 
heartedly, leaving no room for grafting the 
ingredients of other religions and non-Islamic 
systems onto Islam, its teachings, culture and 

civilization. 235 

In this matter the sense of Islam is so subtly 
brought a copy of ^ ^jnice. Once Haz. Umar 
and 4a2e Ail! (^kathe Tawrat before the Prophet 
Lf kabegan to recite it. Seeing this, the Prophet 
grew extremely angry and pronounced the 

following warning: 

jjj i jjuxjju ja ^£2|Jjj2 s-Uj ^121 j 

^ £jt£j2j yTAl 

By Whom in Whose Possession is my life had 
Musa appeared now before you and you 
follow him giving up me, you will be 


2 cf. ibn Kathirvoi.i p- 235 , imam R a zi V ol.3 p.208, Qurtubi al-Jami li- 
Ahkamn-Quran. y<T 3p. 18_ 


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213 


deviating from the straight path. Had he been 
alive now and found the age of my 
Prophethood, he would have followed me. 236 

The faith acceptable with Allah is of the 
degree which Haz. Umar al-Faruq showed when he 
over his ^^Welt the anger of the Prophet 

jduij &\ Lf l-areading the Taurat before him 
AttU bn/ij laJoC-j laJoC- (jA Aiibjjfti 

-Luu 

I seek refuge in Allah from the anger of 
Allah and the anger of His Prophet. We are pleased 
to have Allah as Lord; to have Islam as religion and 
to have Muhammad as the Prophet. 237 
aJc. M L? iuaThe directives the Holy Prophet 
has given to Muslims in order to dissuade them fVj 
from imitating the non-Muslims, their culture and 
their ways of life, select items from which have just 
been put above in a fair detail, are enough to 
establish that Islam can never tolerate any cultural 
and civilizational grafting from outside, let alone the 
cultural unification based on atheistic, apostatic or 
polytheistic values of life. 


1 Darimi, Mishkatul Masabih 

237 . Mishkat 


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214 


Chapter Ten 

What Role the Muslims Should Play vis- 

a-vis the Class Struggle Between the 
Non-Muslims? 

Vis-a-vis the class struggle between 
different classes of the non-Muslims the Muslims 
living in a non-Muslim country should play the role 
of an active arbiter and try their best to persuade the 
struggling classes into putting an end to such an 
unblessed struggle, thus bringing a peaceful and 
harmonious environment to the country. In case the 
Muslims can not afford to do so, their moral support 
and sympathy should go to the wronged and never 
to the wrong-doers. So far as the lending of their 
military and legal support to the wronged class is 
concerned, this entirely will depend on the 
prevailing circumstances and conditions of the 
country. Should the conditions permit it and the 
Muslims too are in a position to undo the wrong by 
rendering their help to the wronged class, the 
Muslims must do so as did Haz. Zubair bin Al¬ 
in Abyssinia, the non-Muslim ^ ^jAwwam 
country where he, alongwith a number of migrants 
lived, as cited in the foregoing pages. But if the 
Muslims are not in a position to do so, or doing so 
amounts to endangering their own lives, honor and 
properties, the Muslims shall better be advised to 
lend and show only their moral support to the 
wronged. Their coming forward to offer a practical 
help will be improper and imprudent. Under such 
circumstances the Prophet's and the companions' 
attitude they showed towards the wars between the 


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215 


Christian Romans and the polytheist Persians offers 
the best practical example for the Muslims. So 
because the Muslims are never asked to put an end 
to the wrong at the cost of their own existence, 
honor or properties. No denial of the fact that 
raising voice against injustice and sin is an act of 
great virtue and moral excellence. Yet, equally 
important is that one should assess one's power, 
capacity and status and envisage the possible 
reactions to one's life, honor and property before 
one's jumping into the field of practice. 
In this context the behavior of some of the 
Prophet's Companions sheds ample light. To cite 
some examples: 

• Haz. Abdullah bin Umar 4-k 
stated that one day he happened to hear the 
address of Hajjaj bin Yusuf, the legendary cruel. 
In his address he said many wrong things." I 
thought to interrupt him and invite his attention 
to the errors he had made. As I was about to do 
so, suddenly the Prophet's following hadith 
struck my mind: 

Jjj (jl v 

"It behooves not a Muslim to disgrace 

himself." 

"What do you mean by disgracing 
oneself," I asked him to explain." It is putting 
oneself to such dangers against which one is not 
^ able to defend oneself," the Holy Prophet 
explained. 238 jd*-j 




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• With reference to Qazi Shuraih Imam 
Ahmad bin Hambal reported that once Iyaz bin 
Ghanam cautioned Hisham bin Hakim about a 
notable event, saying: 

"O Hisham! Whatever you heard from the 
we also happened to c^Holy Prophet 

hear; and whatever you did see, we too shared 
jduij c ^^luayou. Did you not hear the Prophet 

saying: 

<U ^jUaiLi Jljl 

-AjIc- ij (jtS Vl j 4_L> (jlfl tAjjiLja sJjj i^L 
If a person wants to admonish the man 
in authority, he must not do so openly. Instead, 
he should take his hand and should be alone 
with him for the purpose. If he accepted, so far so 
good. If otherwise, the former has discharged his 
obligation. You are a man of courage; you 
demonstrated your courage before a man of 
power and authority. Did you not entertain the 
fear of death? Had he put you to death you 
would have been termed 7 the victim of the 

sultan'. 239 

Tabrani and Ahmad reported Saed bin 

Jamhan to have said: 

"I said to Abu Umamah that the Sultan 
was subjecting the people to wrong and cruel 
treatment. He pressed my hand with force and 
then said: O Ibn Jumhan! Follow the majority. If 
the Sultan hears you, go to his home and 
communicate to him your advices and word of 
admonition. Should he accepted, so far so good. 




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If otherwise, leave him alone, for it is the 
concerned person himself who know his 
personal affairs better". 240 
• In his celebrated book, al -Kharaj, Abu Yusuf 

has cited that a person came to Haz. Umar bin 
Khattab ^ and addressed him: "Amirul 

Muminin! I care not for the reproaches in the 
matters relating to the religion. Regardless of the 
ensuing consequences, I always expound openly 
what is right." Upon this Haz. Umar bin al- 
Khattab said: 

<011 ^ ( fll lixui (jjj-aj-all "ja U>| 

.ajjji ^jl 2l!j qa 1 £ <jlS (JAJ tjklV 

"If a person engages a position of 
authority he is commanded not to care for the 
reproaches in the matter of Allah. But the person 
without such a position should assess his 
position first (before jumping into the field of 
action) and keep his care and concern limited to 
his own self and have a solicitude towards the 
men at the helm. 241 

The narrations and athars establish it 
beyond doubt that espousing the cause of the 
wronged class will form an obligation of the 
Muslims only when they are in power and afford it 
without endangering themselves. If they are not in 
power and authority, the advisable course of action 
for them will be to step ahead only after assessing 
their power and position well. 


24 °. Majmaul Zawaid vol.6 p.232 
_Abu^Yusuf: id-J^arajp. 16 


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In India today the Muslims lack power and 
authority; the political and economic conditions are 
not so well as to permit them to lend their support 
openly. Here the Muslims are first required to give 
top priority to the safety and protection of their 
lives, honor and properties. Only then comes the 
stage of lending their legal and moral support to the 
wronged class of people of their country-fellows. 


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Section 

Helping the non-Muslims on 
Emergencies 

The social service holds greater importance 
in the Islamic scheme of things; and Islam 
recognizes no difference between human beings on 
grounds like religion, caste, color or geographical 
boundaries. Even serving the animals is an act of 
virtue which fetches great reward; serving the 
human beings is indeed an act of incomparable 
moral virtue attracting inconceivably great reward 
cfkafrom Allah the Supreme. The Holy Prophet 
(Does our hyfl U3 £! once was asked, jduij 
services to animals fetch reward for us?). The 
replied ^^Mblessed Prophet 

t lj! j J£ ^ 

will attract By serving every living being you 
reward from Allah. 242 
Islam enjoins the Islamic community to 
render human services to the whole humanity, and 
on the basis of humanity it not just permits the 
Muslims to offer possible help to non-Muslims, it 
also encourages and invites them to do so. Haz. 
U$ie. iil ^jAsma bint Haz. Abu Bakr al-Siddiq 
stated that once her polytheist mother visited her. 
She communicated her arrival to the Holy Prophet 
and asked whether it was permitted 
for her to financially help her and accord her a good 

treatment. 


Bukhari Mi s h kat HI aus Sun an vol. 16 n. 152 


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220 


"Yes of course, you must do so", the Prophet 

of Mercyy replied. 243 

Haz. Abdulla bin Masud and Haz. Abu 
reported the Holy Prophet ^1*2 ill ^jHurairah 
to have saidi^Vj 

-4JL& y-a ill JjlaJl till JUC. JjlaJl 

"Whole the creation is the family of Allah. 

The most loving to Allah, therefore, is the one 
whose behavior towards His family is well. 244 

Of course, there exists a good number of 
such hadiths which entice the Islamic community to 
help all the human beings on human grounds 
without entertaining unnatural considerations of 
caste, color, etc. In the light of these teachings of 
Islam it is established well that on the occasions of 
natural disasters if the Muslims ever happen to 
launch relief schemes, or constitute social service 
institutions, they must include the non-Muslims in 
their beneficiaries although the priority shall have to 
be given to the Muslims as they deserve this due to 
a double relationship with them. Still, the non- 
Muslims, too, have to be included in the Muslim 
relief schemes as far as their means permit. In 
countries like India such an inclusion is 
comparatively more important, as it is expected to 
bring about a very good social and inter-communal 
environment here. 

As to the discriminate behavior of some 
radical non-Muslims here towards the Muslim 
victims, it must not prevent us from doing good to 


243 . Bukhari, Muslim, Mishkat p.418-19 
2 ^.^^por^d bval-^iha^J^^l^tp.425 


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non-Muslim victims. The Muslims are always 
committed to follow the super model of the Islamic 
morality in their behavior towards the non- 
Muslims. This being the distinctive feature of the 
Islamic morality amidst all the nations of the world. 
Islam commands us to join the relationship 
with those who are bent upon sundering their 
bonds from us, treat with forgiveness the ones who 
subjected us to wrong, and accord a good treatment 
to those who misbehaved us. 

The pagan Makkans subjected the blessed 
Messenger of Allah and his Companions to the most 
cruel and inhuman treatment. But when the same 
Makkans were struck by a severe famine and Abu 
at jduij t^aSufyan approached the Prophet 

Madina asking him to supplicate Allah to remove 
accepted his a>jI L? l^athe famine, the Prophet 

request and made the invocation for the purpose. 
Water and bread constitute the most essential need 
of all human beings; and in this respect no type of 
discrimination between them is permissible to be 
practiced on the grounds of race, gender, religion, 

etc. 

After coming to the fold of Islam, Haz. 

suspended the ^ ^jThamama bin Athal 
release of the supplies and foodgrain to the pagan 
cfkaMakkans. The Makkan besought the Messenger 
to interfere with the matter. The Prophet 4 j1c. 
directed Haz. Thamama bin Athal to 


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lift the ban from the release of the foodgrain and let 
it flow to Makka as usual. 245 
Therefore, The Muslims always must adhere 
to the concepts and high moral ideas while dealing 
with the non-Muslims and serve them 
indiscriminately, regardless of their attitude and 
behavior towards Muslim. 

‘LaIC’J fjfri AUlj 


245 . Cf. Musnad Ah mad bin Hambal vol.2 p.428. Dr. Hamidullah, 

_ 


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Epilogue 

The problems and difficulties which the 
Muslims encounter in non-Muslim countries make 
one feel that a true Muslim in no set of 
circumstances can give preference to his stay in a 
non-Muslim country to his living in his own natal 
Islamic country as, quite obviously, every true and 
sincere Muslim loves to live in his Islamic country, 
follow the system of Islam and its teachings and stay 
in the midst of his nears and dears. However, 
during the course of life, sometimes people come 
across some critical stages when one takes some 
tough decision and finds oneself obliged to do the 
things against one's will. 

Towards the end of the book I think it 
appropriate to put some wishes before those 
brothers who, willingly or otherwise, are living in 
non-Muslim countries as their nationals and express 
to them my solicitous feelings. 

• When you have now decided to stay 
permanently in those non-Muslim countries, you 
are better advised to make an orderly system for 
your life which may ensure a respected, peaceful, 
sincere and developing life for you as minority in 
those countries. No denying of the natural fact 
that you may have yearning for your natal lands, 
and might have been putting you at unease the 
sweet memories of the Islamic countries where 
you might have had even better opportunities to 
live in peace and make progress. Such memories 
are natural and arise from the human instinct. 


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224 


They are too strong to be suppressed. Indeed the 
memories of one's homeland and of the 
childhood and the thoughts of one's natal 
country constitute a very precious part of one's 
intellectual assets, and Islam never devalues such 
natural emotions. In Madinah when Haz. Bilal 
hummed the verse lines in the 
memory of his homeland, Makkah, the Holy 
Prophet fVj Ai) too, could not stifle his 
deep and natural emotions, and his eyes often 
got tearful. 

This natural fact apart, now the object of 
your best wishes and emotions, love and solicitude 
must be the lands and countries your have chosen 
them as your permanent home. Their construction, 
progress and welfare and solicitude towards those 
countries and their people must come first in the list 
of your priorities. 

a>i! The practice of the Holy Prophet 
offers the best example for us. On one hand, the 
couplets composed in the sweet memories of his 
homeland, Makka, moved him to tears, but, on the 
other hand, his behavior towards his new home, 
Madinah, to which he had moved as migrant, was 
based on total well-wishing and immaculate 
sincerity. He prayed Allah to bless the land of 
Madinah and make it free from diseases and 
epidemics. His well-wishing attitude and solicitous 
emotions towards his land of migration brought 
about a reconciliation between the warring factions 
of Madinah. He included the Jews in the new peace 
arrangements of the town and accorded them the 


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225 


status of an ally by the inclusion of the following 
historic clause in the draft: 
fSiji jdla £-* U u! 

<%jV ^Jti 

"The Jews are as separate a people as 
are the Faithful. For the Jews is their religion, 
except the one who committed wrong or sinned. 

Such a person is to destroy but only himself." 

• You must seek light from the practice of 
the foregoing Prophets of Allah. While 
addressing their country fellows every Prophet 
addressed his non-Muslim people using the 
word Ya Qaum (O my people). Its examples are 
scattered about in the entire body of the Qur'an. 
In other words, you should always have the 
feelings of love and sincerity towards your 
home-fellows, and never of abomination and 
hatred. 

• In addition to what has been suggested 
above, endeavoring for the moral reform of your 
country-fellows, and religious solicitude and 
well-wishing to them constitutes your functional 
obligation. This distinctive feature amongst the 
nations of the world is so important that without 
it you can not secure a place of respect in the 
comity of the nations of the world. Therefore, 
you must not restrict your activities only to earn 
bread or serving the office. Beside concerning 
yourselves about the protection of your faith and 
belief, you had better be anxious of the religious 
well-being of your home-fellows, doing your 
best for the purpose. Your concerted efforts will 


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226 


insha Allah, bear good fruits. The same is the 
behavior which the Prophets adopted towards 
their addressee people. To cite the example of the 
Prophet Shuaib (£bdl4^: 

-Attb VI JL &Uj Cbdalu-I U ^VL^jVIV! ±}j i j! 

I only wish to make betterment to the 
best of my power, and my success can only come 
from Allah. In Him I trust, and unto Him I turn 
in earnestness 246 . 

To discharge this nice obligation in a 
satisfying manner you shall be required to be in 
possession of godly prudence, knowledge and 
close association with Allah. To this end you are 
earnestly required to stay along with your own 
religious sciences, the history of other nations 
and the causes responsible for their rise and fall . 

A deep study of the concerned literature will 
lead you to the realities and pure truths of the 
history. Fortunately, you are in possession of the 
Final Divine Message, which offers the truest 
guidance to the straight way of Allah. You are 
required to conduct repeated, careful studies in 
the Qur'an to seek guidance. The following 
historic statement of Haz. Rubie bin Amir 
deserves special study and attention. He had 
made it in response to the Persians 1 question why 
the Muslims had arrived in Persia to fight the 
Zoroastrians. He had said: 


The Quran’an:ll .88 


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227 


SjUc. jLaJl UjxjjI ^Jbu £}j 

(j-aj cfljiVtj Lu^l Axui Lj^Sl i jaJa (j^»j cJLxJl l_ij aJluC- 

-^V' cP! 

(Allah Ta'ala has raised us so as we take 
out the slaves (of Allah) from the worship of the 
slaves to the worship of the Lord of the slaves, 
from the narrowness of this world to the expanse 
of this world and of the Hereafter, and from the 
oppression of the religions to the justice and 
equality of Islam. 247 

• Wherever you happen to live, represent 
the religion of Islam, its noble teachings and the 
Islamic community. The non-Muslims read Islam 
and its teachings in the open book of the lives of 
Muslims and build their opinion according to 
what they see and experience in their practical 
lives before they read it in the literature on Islam. 
The same is the idea which the Prophet of Islam 
has spoken of in the following prophetic 
phraseology: 

cl gXU LoaJl 4 uccill £_ulj .l!u£ La <L1 <jj| 

Jjlaj 

Fear Allah wherever you are, and 
follow your evil act by an act of virtue. The latter 
will remove the former, and conduct yourselves 
before the people in a morally excellent way. 248 

• Your total interactions and dealings 
with your non-Muslim country-fellows must 
always be based on justice and moral goodness, 
completely free from fraud, deceitfullness and 


'. Al-Zawabit al-Manhajiyah li Fiqhil Aqalliyat p.93 
248 . Birr wal-Silah, Mu’asharatun Naas, Hadith No.2053 


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the ways of dishonesty. The Holy Qur'an puts it 
in clear terms. 

plj ^ pi (JP bit pS Lgjj V 

bit (jl pAjjjj (ji ^£jLj <jj» p£j*. jLj 

-£)jh*uiA\\ 

Allah forbids you not, with regard to 
those who did not fight you in religion nor drove 
you out of your homes, from dealing kindly and 
justly with them. Allah loves those who are 

just. 249 

• As faithful citizens of the non-Muslim 
countries you are required to respect the laws in 
force and the social traditions in vogue in those 
countries. For with the same commitment you 
have entered those countries and have been 
granted the citizenship and the ensuing rights, 
and dishonoring the pledge is entirely opposed 
to the teachings and nature of Islam. The Qur'an 
says: 

-V>uw tjfijtj 

And fulfill the pledge. The pledge shall 
be enquired into (on the Day of Reckoning) 250 

• You may have to face difficulties and 
hardships in those countries. You are required to 
find positive solutions to those difficulties, and 
never to resort to destructive reactions. This will 
be a sign of your constructive thinking and the 
best representation of your religion. The Qur'an 
says: 


249 .The Qur’an 60:8 
2 ^.The Qur’an, 17:34 


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229 


-^jLuaVIV) (3^ 

Could there be any reward for good other 

than the good itself? 251 

• In case a wrong institution is in vogue 
in the society, your duty there is not just to 
declare it impermissible, equally important for 
you is to inform the society of the alternate 
permissible thing to replace the impermissible 
one. This constitutes the functional obligation of 
you as well as of the men of Islamic learning. To 
this effect Hafiz Ibnul Qayyim says: 

"If a mufti is ever asked to explain the 
position of the Shariat on a thing the asking 
person stands in need of, the duty of the mufti is 
never limited only to proclaim that thing as 
unlawful. He should also inform him of the 
lawful replacement of that unlawful thing. The 
same suits the character of a true alim; like a 
sympathetic medical practitioner who not just 
tells the patient about the preventions, but 
recommends the appropriate medicines as well. 
The same should be the practice of the doctors of 
both the religion and bodies. 252 
This way you may secure the better position 

in the comity of the nations of the world. 
May Allah protect us all against all possible 
evils and accept us for the service of His religion 
and mankind . Amin. 


251 .The Qur’an, 55:60 

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230 


A Word of Advice to the Muslims Living 
in non-Muslim Countries 

Md. Ibrahim Khan 
A time was that when the truth of Moses was 
revealed to the prestidigitators of Egypt and they 
bowed in obedience to the Divine faith and entered 
into its fold. Pharaoh felt so greatly outraged that he 
immediately pronounced a most brutal death on all 
of them. The tyrant did not spare even his wife the 
consequences of wrath. 
In the same way, the pagan of Makka 
practised such ghastly atrocities on the poor and 
weak people who were the first to respond to the 
call of the Prophet and embrace Islam that a 
recounting of them can even today make the eyes of 
the most stout-hearted among us well up with 

moisture. 

That age of savage cruelty and bestial oppression is 
now, perhaps, a thing of the past. It is not likely to 
return before the appearance of the imposter, Dajjal. 
But, should the situation in any country becomes, by 
any chance, so flagrantly unbearable for Muslim, it 
will be open to them to migrate to another land, 
even though it be a non-Muslim one, where they can 
live peacefully as Muslims, as their co-religionists 
had done by moving away to Abyssinia at the 
Prophet's advice, and lay down their lives gallantly 


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231 


in the cause of Allah. Every drop of their blood will 
Insha Allah lend new life and vitality to the Faith and 
the cause of its resurgence in that very land. And for 
those who are unable to adopt such a courageous 
course of action, due to want of sufficient courage 
and means, there is the permission to conceal their 
faith and continue to live in that country, hoping for 
a happier turn of events and making humble 
entreaties to Allah. 

till a! II! <J*a!j filial! 4 jja!I sit, qa Ujj 

liji! (jA II! 

"Our Lord; rescue us from this town, whose 
people are oppressors; and raise for us from Thee 
one who will protect, one who will help. 

To the best of our knowledge, a situation as 
grievously dismal as that does not obtain anywhere 
in the world today. There are, nevertheless, states 
which aspire not through the crude methods of old 
but through newer and more subtle ways to wean 
the Muslims away from Islam (or, rather, all Allah- 
abiding peoples from their spiritual moorings) 
without placing a legal ban on religion or Allah- 

worship. 

The Muslim citizens of these states should 
resolve to make undivided allegiance to Allah 
and the Holy Faith and constancy of purpose 
and patient perseverance the spearhead of 
their policy and do whatever lies in their 


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232 


power to keep the spirit of Islam warm in 
their homes by imparting to them an overall 
atmosphere of religiousness. They should 
leave nothing undone on their part to arrange 
for the religious instruction and training of 
their rising generations. (It is our considered 
opinion that all this can be done if the right 
spirit and will to do it be there). Judicious and 
well-meant steps may also be taken, as far as 
they are possible, to make the powers realize 
the folly of their ways. These steps can be of a 
political as well as non-political nature and 
they can produce results beyond all 
expectations. The might of the Lord is 
supreme. His ways are beyond our 
understanding and it is an unchanging habit 
of His and a firm, definite promise that He 
will make His aid available to those of the 
faithful who will remain steadfast in His 
cause during times of trial and suffering and 
instead of giving to despair preserve in their 
efforts as best as they can in the 
circumstances. Situations will arise and 
factors will emerge, as if from nowhere, that 
will alter the course of things and remove the 
difficulties. 


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With most of the non-Muslim countries the 
position is that they are not antagonistic to Islam or 
harbour a fundamental prejudice against Allah or 
religion. Their Muslim inhabitants enjoy full 
freedom of religious belief and practice under the 
constitution along with the other communities. But 
since the ideological climate and the socio-political 
structure there are un-Islamic and wholly 
materialistic, some of their laws come into conflict 
with the tenets of Islam, and it becomes very 
difficult to fashion one's life according to the 
teachings of Islam in their presence. In some of these 
countries the population of Muslims runs into 
several millions and billions. Take our own 
homeland, India, where the Muslim population is 
not less than 300 millions. These Muslims, naturally, 
have got to live in the countries of their birth. The 
question of migration does not at all arise for them 
as no Muslim country can afford to accommodate so 
many people within its frontiers. In these 
circumstances, it is absurd to suppose that they can 
live permanently in isolation from the governments 
of their lands nor does the Shariat ask them to adopt 
such an impossible and unnatural course. At the 
same time, it is impossible for them to participate 
freely in the governments and politics of their 
countries like any other community, telling 
themselves that religion had nothing to do with the 


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234 


politics and that they could render to Allah the 
things that are Allah's and to Caesar the thing that 
are Caesar's and still remain good Muslims. That 
would be entirely opposed to the purpose and 
meaning of Islam. It would mean that although 
Allah was the Lord and Sovereign of the whole 
universe, government and politics did not fall 
within His jurisdiction. 

Such being the case, what the Muslims of 
these countries can and should do is to chalk out the 
positive programme of action for themselves with 
reference to their particular needs and conditions. 
This programme must, however, be inspired by a 
two-fold conviction: firstly that they have to stay 
Muslims first and last, unflinching in their loyalty to 
the commands of Allah and the Prophet-as far as 
the circumstances allow-and valuing that loyalty 
above everything else; and, secondly, that they have 
to conform to the best standards of the citizenship 
and render unstinted allegiance to their homelands. 
But it can be achieved only when the Muslims are 
absolutely clear in their minds on these two points 
and it is their collective decision. To produce the 
requisite collective consciousness it may be 
necessary for them to launch an educative campaign 
among themselves so that once the decision is taken 
it may hold good for the entire community 
functioning as a unit. 


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Another matter of crucial importance to the 
Muslim minorities in non-Muslim states is that, 
together with their co-religionists in all other parts 
of the world, it is a question of faith for them too to 
believe in Islam as the ideal programme of life, both 
individual and collective. As against it, all other 
programmes are false and worthless. In 
consequence of this conviction, as from the 
humanitarian point of view also, it should be their 
sincerest desire to see that the other communities 
adopt Islam as their own, and the sacred Law, as 
revealed by Allah in His infinite Mercy, reigned 
supreme all over the world. But with all this, they 
can not manage to ignore the realities of the 
situation as prevailing in their countries. They will 
have to determine their attitude after giving the 
most careful thought of all the aspects of the 
problem and with this dictum of the Shariat as their 
guiding principle: 

"Wherein lies most of good and least of 
evil." In the light of this principle they can also 
decide whether to offer loyal support and co¬ 
operation to the governments of their lands in a 
particular situation or not. 

A living faith in Allah and a life wedded to 
the ideals of virtue and service to mankind are 

equally necessary for all Muslims irrespective of the 
lands to which they belong. The real reward for 


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236 


these high moral and spiritual qualities lies in the 
Hereafter but for Muslims living in non-Muslim 
countries they are of the greatest advantage in this 
world as well. They are the safest, surest and the 
most universally effective means for the overcoming 
of their difficulties and for ensuring to them a place 
of honour in the society. It is absolutely imperative 
for them to strive to their utmost cultivate these 
qualities and to propagate them in the circle in 
which they move. If they can bring themselves to it 
they will see that success beyond their fondest 
dreams will kiss their feet. Allah has held out a 
promise to this effect at various places in the Qur'an, 


as in this verse: 


Ulill SjjaJt ^ ^ Ijld 


jjatt fcSllj tAUl (JjLdSJ Jj-ijj v idJS.V1 


"Those who believe and (constantly ) guard 
against evil;-for them are Glad Tiding in the 
Present and in the Hereafter; No change can 
there be in the World of Allah. This is, indeed. 


the Supreme Felicity. 253 " (-) 


Muslims, who, in the modem world are 
feeling despondent and frustrated at being placed in 
the position of a weak minority in the countries of 
their birth have for them a special message of 
courage and hope Sura-i-Yusuf in the Qur'an. 


.is, 7 



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254 teaches <&■ The story of Haz. Yusuf 
us the moral that however weak be the numerical or 
political position of Muslims in a country-they may 
even be in the minority of one and isolated 
completely from the rest of the people, religiously as 
well as racially-if they are true to their faith and 
righteous in their habits conduct and are also ready 
to render whatever service they can to their fellow- 
citizens and to the state, they could never fail in 
carve out a position of honour and trust for 
themselves and win the respect and admiration of 
its inhabitants for their religion. On being 
questioned by his brothers how a person whom they 
had pushed into the well could come to rise to such 
offers this great heights, Hazrat Yusuf 

explanation: 

^tuaj V (jli Jjjj q -a 4JI 

"Behold, he that is righteous and 

patient,-never will Allah waste the reward, of those 
who do good." 255 

So, this is the unfailing law of Allah-never 
to suffer the reward of one who Believe and does 
good deeds to be lost-and what we have said in the 
preceding paragraphs was only an elucidation of 
this truth. It may not be very easy to be convinced 
logically of its effectiveness in the political field, yet 
it should also not prove so very difficult, specially in 


2. Joseph 

25 ^ Qur’an: Yusuf 10 


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the modem world of democracy and liberalism. But, 
alas, the dismal spectacle that the Muslims are 
presenting is that while they are eager to take 
recourse to all sorts of agitational methods for the 
solution of their political difficulties-methods which 
are totally the products of the materialistic frame of 
mind and from which no good has ever accrued or 
can ever accure-,they are not prepared to give even 
as trial to the remedy prescribed by the Qur'an, 
Indeed, it would seem their state of mind today is 
identical to that of the unenlightened group among 
the Israelities of the past as portrayed in the Quran 
in these words. 

'jjj o!j V Auijli Ijjj ojj 

"And if they see the way of right conduct, 
they will not accept it as the Way; but if they 
see the way of error, that is the Way they will 
adopt." 256 

Muslim minorities in non-Muslim lands can 
also draw a most valuable lesson from the episode 
of Hudaibiyah in the life of the holy Prophet. The 
Treaty of Hudaibiyah had apparently been 
concluded by the Prophet on such weak and 
humiliating terms that it had become impossible 
even for a Companion of the unbounded devotion 
and loyalty like Haz. Umar to suppress his 
disappointment and extreme disapproval. But the 
point is, why had the Prophet agreed to a 
humiliating arrangement like that ? It was because 


256 . Qur’an: Airaf,17 


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had wanted channels of aJc LJ l^the Prophet 
contact to be established between the Muslims and 
the pagan Quraish who were then in the forefront of 
the campaign of war and hatred against Islam so 
that the Makkan idolaters could get an opportunity 
to observe the Muslims and their religion at close 
quarters and to ponder, in a peaceful atmosphere, 
over the all-important question of Faith he had 
posed before them. History records that it was this 
very treaty, shameful and degrading as it looked at 
first sight, that paved the way for the Makkans to 
embrace Islam It was as a consequence of that the 
outstanding leaders of the Quraish like Khalid bin 
Valeed and Amr bin al-Aas entered into the fold of 
the Divine faith. The biographers of the Prophet and 
the early historians of Islam are agreed that far more 
persons accepted Faith of their own choice and 
volition within a few years of the signing of the 
Treaty than during the whole of the preceding 19 or 
20 years before and after the great hijrat of the Holy 
Prophet. That is why, the Qur'an has spoken of it as 
a Manifest Victory. 

"Verily, "We have granted thee a Manifest 
Victory." 257 

The unique advantage to which the 
Prophet had turned the seemingly hopeless Treaty 
of Hudaibiyah is, today, within the reach of the 
Muslim populations of most of the non-Muslim 
countries. But the Muslims themselves are so utterly 


OT . Qur’an:fat’h,l 


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lacking in that life of faith, Islamic morality and 
devotion to mankind, and in that unselfish religious 
enthusiasm and solicitude for the Hereafter without 
which they can have no complaint if they feel 
themselves forlorn and abandoned. If they want to 
seek an answer to their ills and problems in Islam 
and the Qur'an, it is this: "Become Muslims: produce 
in yourselves the fire of conviction and adopt a life 
of faith and virtue and an earnest love for humanity 
and paths will be opened up for you that you cannot 

conceive of." 

Besides this fundamental principle, a passing 
reference may also be made to certain questions of 
detail. As we have said before, it is essential for 
Muslim minorities everywhere to get it into their 
heads clearly and once for all, that they have to live 
and die in the lands of their birth, and, at the same 
time, stay true to their faith. This is a matter about 
which a government, in spite of its being a non- 
Muslim one, can be most sensible and co-operative 
if it is just and liberal, and if it happens to be 
otherwise, it can also put all sorts of impediments. 
Should it, therefore, be possible for Muslims to be 
helpful in bringing more enlightened and 
broadminded sections of the population into power 
they ought to make use of the possibilities that 
maybe open to them. In a democratic set-up, at the 
time of elections, for instance, there should be 
nothing to prevent them from offering support to a 
political party that may be expected to safeguard 
their religious and other interests more justly and 
effectively than the other contesting parties. They 


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can also participate in the government if it is felt 
that they can serve their interests better that way. 

This is the verdict of commonsense as well 
as of the Shariat. In our support we can cite an 
instance from the conduct of the Holy Companions 
who had migrated to Abyssinia at the time of the 
, as the leaned author has also ^j cA^Prophet 

pointed to the same insides the present book During 
the period of the stay of the Companions in 
Abyssinia was attacked by a foreign invader and the 
Companions prayed most earnestly to Allah for the 
victory of the Negus. Their leader, Zubair, is also 
reported to have performed some highly 
meritorious service for the Emperor on the 
battlefield. Explaining their conduct, one of the 
immigrant Companions, Umm-i-Salama, has stated 
that it was because they felt that if the enemy won 
he would not treat them as generously as the Negus 
had been doing. 1 

Finally, Muslim Personal Law is a part of 
the religious structure of Islam and no non-Muslim 
government has any constitutional or legal right to 
interfere with it. Muslims living under non-Muslim 
systems are, as such, required to make every 
possible effort for the recognition of this principle 
by their governments. They may also take steps to 
set up, under the aegis of the Shariat, a separate 
arrangement of their own for the management of 
such problems of their individual and social concern 
as cannot otherwise be taken care of adequately in a 
non-Muslim State. 258 


2 A Pctai ls^ of the mcidcntarcavailahlcin lbne H i s h am, Vo 1.1 p. 


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242 


Before concluding, we would like to repeat 
that the Muslims falling in the category of a 
minority in a country should keep before them for 
fiLJI <Ac .their guidance the parable of Haz. Yusuf 
which has found mention in the Qur'an in proper 
detail. There is not an iota of doubt in the fact that 
the Muslims can not fail to secure a position of 
honour and trust for themselves and their religion in 
any country they live in provided that they possess 
real faith and a clean life —a life illumined with 
Allah-consciousness — and show proper discretion 
and can prove their worth and usefulness to their 
countrymen and the state. This is way of Allah, 
and-no change can there be in the way of Allah. 


361, al-Badayah-wan-Nahaya, Vol. Ill, p. 79, and Sharh-i-Seer-i- 
Kabir, Vol.III, p. 187. Also of interest in this connection are the 
comments made by Ibne Taimiyah while elucidating the principle 
of the Shariat: 'Wherein lies most of good and least of evil’. He 
says, "When the war between the Romans and the Persians was 
the 4s1 (A^being fought during the lifetime of the Prophet 

iiil ^^Lflvictory Q f [he Romans gave much joy to the Prophet 
and the Companions, as is confirmed by Sura-i-Rum in the 
Qar’an. Although both the parties were polytheists. .. .see next page.. 
The reason was that the Romans being Christians were nearer to 
Mus li ms than the fire-worshipping Persians. Similarly, Hazrat 
Yusuf had agreed to serve as a deputy to the Pharaoh in spite of the 
fact that the latter, alongwith the entire Egyptian nation, was a 
polytheist, and used the power thus acquired to invite people to 
Allah and established justice and righteousness to the best of his 
capacity." These remarks by Ibne Taimiyah are very clear and 
decisive in respect of the subject under discussion. 


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